Komatsu Australia Pty Ltd

Case

[2022] FWCA 2084

24 JUNE 2022


[2022] FWCA 2084

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Komatsu Australia Pty Ltd

(AG2022/1971)

Komatsu Australia Wollongong Service Department Enterprise Agreement 2021

Manufacturing and associated industries

DEPUTY PRESIDENT BOYCE

SYDNEY, 24 JUNE 2022

Application for approval of the Komatsu Australia Wollongong Service Department Enterprise Agreement 2021

  1. An application has been made for approval of an enterprise agreement to be known as the Komatsu Australia Wollongong Service Department Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Komatsu Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation(s)

  1. The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

  1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

  1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE516404  PR743011>

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