Komatsu Australia Pty Ltd

[2021] FWCA 297

[2021] FWCA 297

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Komatsu Australia Pty Ltd
(AG2020/4075)

KOMATSU AUSTRALIA PERTH & BUNBURY ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 22 JANUARY 2021

Application for approval of the Komatsu Australia Perth & Bunbury Enterprise Agreement 2020.

[1] Komatsu Australia Pty Ltd has applied for approval of a single enterprise agreement known as the Komatsu Australia Perth & Bunbury Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Noting clause 3.2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[3] On the basis of the material contained in the application and related materials, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement was approved on 22 January 2021 and, in accordance with s.54, will operate from 29 January 2021. The nominal expiry date of the Agreement is 1 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE510154  PR726328>