Komatsu Australia Pty Ltd

[2019] FWCA 1983

[2019] FWCA 1983

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Komatsu Australia Pty Ltd
(AG2018/5989)

KOMATSU AUSTRALIA EMERALD SERVICE DEPARTMENT ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 MARCH 2019

Application for approval of the Komatsu Australia Emerald Service Department Enterprise Agreement 2018.

[1] Komatsu Australia Pty Ltd has made an application for the approval of an enterprise agreement known as the Komatsu Australia Emerald Service Department Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[5] The Agreement was approved on 26 March 2019 and, in accordance with s 54, will operate from 2 April 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

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