Komatsu Australia Pty Ltd

[2015] FWCA 2947

[2015] FWCA 2947

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Komatsu Australia Pty Ltd
(AG2015/929)

KOMATSU AUSTRALIA PTY LTD PILBARA / KIMBERLEY SERVICE BRANCH ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 29 APRIL 2015

Application for approval of the Komatsu Australia Pty Ltd Pilbara / Kimberley Service Branch Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Komatsu Australia Pty Ltd Pilbara / Kimberley Service Branch Enterprise Agreement 2014 (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.

[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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union 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 Agreement covers the organisation.

[5] The Agreement was approved on 29 April 2015 and, in accordance with s.54, will operate from 6 May 2015. The nominal expiry date of the Agreement is 31 March 2017.

DEPUTY PRESIDENT

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