Komatsu Australia Pty Ltd

[2021] FWCA 2501

[2021] FWCA 2501

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Komatsu Australia Pty Ltd
(AG2021/4796)

KOMATSU AUSTRALIA KCGM MAINTENANCE WORKSHOP ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 5 MAY 2021

Application for approval of the Komatsu Australia KCGM Maintenance Workshop Enterprise Agreement 2021.

[1] Komatsu Australia Pty Ltd has made an application for the approval of an enterprise agreement known as the Komatsu Australia KCGM Maintenance Workshop Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the organisation),being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 5 May 2021 and, in accordance with s 54, will operate from 12 May 2021. The nominal expiry date of the Agreement is 21 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE511316  PR729221>

Annexure A