Komatsu Australia Pty Ltd Summary

[2025] FWCA 3052

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Komatsu Australia Pty Ltd

(AG2025/2891)

KOMATSU AUSTRALIA SOUTH EAST QUEENSLAND ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 9 SEPTEMBER 2025

Application for approval of the Komatsu Australia South East Queensland Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Komatsu Australia South East Queensland Enterprise Agreement 2025 (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 Applicant). The Agreement is a single enterprise agreement.

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

Noting clause 4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Komatsu Australia Pty Ltd, sought approval of the Komatsu Australia South East Queensland Enterprise Agreement 2025 from the Fair Work Commission. The primary respondent, the Transport Workers Union of Australia, objected to the approval on several grounds, including concerns about the agreement's impact on employee working conditions and entitlements. The legal issues before the Commission involved whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the standards for being considered a "better off overall test" agreement.

The Fair Work Commission examined the provisions of the agreement and the objections raised by the Transport Workers Union. The Commission assessed whether the agreement met the requirements of the Fair Work Act, including the need for the agreement to provide for the "better off overall test" to ensure that employees would not be worse off financially as a result of the agreement. The Commission also considered the submissions and evidence presented by both parties regarding the impact of the agreement on employees' working conditions and entitlements. The Commission concluded that the agreement met the legislative requirements and passed the "better off overall test," and thus was in the public interest to be approved.

Accordingly, the Fair Work Commission approved the Komatsu Australia South East Queensland Enterprise Agreement 2025. The decision was based on the Commission's determination that the agreement complied with the Fair Work Act and provided for employees to be better off overall. The Transport Workers Union's objections were not upheld, and the agreement was approved as sought by the applicants. The final orders of the Commission were that the agreement be approved as a registered agreement under the Fair Work Act.

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