Komatsu Australia Pty Ltd

[2018] FWCA 4371

[2018] FWCA 4371

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Komatsu Australia Pty Ltd

(AG2018/3047)

Komatsu Australia Pty Ltd Geraldton Service Branch Enterprise Agreement 2018

Manufacturing and associated industries
Commissioner Lee	MELBOURNE, 25 JULY 2018

Application for approval of the Komatsu Australia Pty Ltd Geraldton Service Branch Enterprise Agreement 2018.

1. An application has been made for approval of an enterprise agreement known as the Komatsu Australia Pty Ltd Geraldton Service Branch Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Komatsu Australia Pty Ltd. The Agreement is a single enterprise agreement.

1. The Employer 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.

1. Subject to the undertakings referred to above, 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.

1. 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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 August 2018. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

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Annexure A