Komatsu Australia Pty Ltd

[2025] FWCA 1824

[2025] FWCA 1824

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Komatsu Australia Pty Ltd

(AG2025/1450)

KOMATSU AUSTRALIA PTY LTD PILBARA SERVICE BRANCH ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 29 MAY 2025

Application for approval of the Komatsu Australia Pty Ltd Pilbara Service Branch Enterprise Agreement 2025

1. This decision deals with an application made for approval of an enterprise agreement known as the Komatsu Australia Pty Ltd Pilbara Service Branch Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Komatsu Australia Pty Ltd (the Applicant/Komatsu). The Agreement is a single enterprise agreement.

1. Correspondence was sent to Komatsu by my Chambers on 22 May 2025 raising concerns that the Agreement does not provide any greater benefit than the Award in respect of trainees causing concerns about whether the better off overall test could be satisfied for this type of employment. On the basis of the response from Komatsu and the undertakings provided, I am consequently satisfied that per s. 193A(6A) of the Act trainees are not a type of employment that is reasonably foreseeable for the purposes of s.193A(6) of the Act and the better off overall test.

1. The Applicant has provided written undertakings. 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. The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

1. Pursuant to s.190(3) of the Act, I accept the undertakings.

1. Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 12.3(b) – Deduction of monies at termination

However, noting clause 4(4) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. 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.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 11 January 2028.

DEPUTY PRESIDENT

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

<AE529215  PR787773>