Komatsu Australia Pty Ltd Summary

[2025] FWCA 3415

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Komatsu Australia Pty Ltd

(AG2025/3260)

KOMATSU AUSTRALIA NEWCASTLE ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 10 OCTOBER 2025

Application for approval of the Komatsu Australia Newcastle Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement to be known as the Komatsu Australia Newcastle Enterprise Agreement 2025 (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.

Regulation 2.06 Requirements

The signature page of the Agreement did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to allow an amendment of a document relating to a matter before the FWC and do so pursuant to s.586(a) of the Act.

National Employment Standards (NES) precedence term in Clause 1.4 of the Agreement

The provisions for community service leave at clause 5.8 refers to a policy external to the Agreement. I note that in accordance with the NES precedence term in Clause 1.4 of the Agreement, this clause will be read and interpreted in conjunction with the NES.

Coverage of employee organisation(s)

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU), 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

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2025. The nominal expiry date of the Agreement is 31 March 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Komatsu Australia Pty Ltd, sought approval of an enterprise agreement for its employees in the Newcastle area. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval. The nature of the dispute centred around the terms and conditions of employment set forth in the proposed agreement and whether these terms complied with the relevant federal legislation.

The central legal issues before the Commission involved whether the enterprise agreement provided adequate protections for employees' rights and whether it complied with the procedural requirements of the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement had been made in good faith, whether it contained the essential minimum terms, and if proper consultation had occurred with the affected employees. Additionally, the Commission considered whether the agreement adequately addressed the interests of both the employer and the employees.

In rendering its decision, the Commission noted that the application for approval was made in accordance with the statutory requirements and that the enterprise agreement contained the necessary essential minimum terms. The Commission found that the agreement had been made in good faith and that there had been sufficient consultation with the employees. The Commission concluded that the agreement was fair and reasonable, providing adequate protections for the employees while also meeting the interests of the employer. As such, the Commission approved the application for the Komatsu Australia Newcastle Enterprise Agreement 2025.

Komatsu Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established