Komatsu Australia Pty Ltd

[2025] FWCA 1637

The attached document wholly replaces the document previously issued with the code [2025] FWC 1364 on 15 May 2025 to correct document referencing.

Associate to Deputy President Boyce

Dated 16 May 2025

[2025] FWCA 1637

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Komatsu Australia Pty Ltd

(AG2025/1327)

KOMATSU AUSTRALIA WOLLONGONG SERVICE DEPARTMENT ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 15 MAY 2025

Application for approval of the Komatsu Australia Wollongong Service Department Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement to be known as the Komatsu Australia Wollongong Service Department Enterprise Agreement 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Komatsu Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation(s)

The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2025. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Komatsu Australia Pty Ltd, sought approval of the Enterprise Agreement between the company and the employees of its Wollongong Service Department. The application was brought to the Fair Work Commission, which was required to determine whether the agreement met the necessary requirements for approval. The legal issues before the Commission were whether the agreement provided for a fair and reasonable terms of employment and whether it complied with the procedural requirements of the Fair Work Act 2009.

The Commission found that the agreement was fair and reasonable in terms of its provisions for pay rates, conditions, and dispute resolution mechanisms. The agreement also met the procedural requirements of the Act, including the requirement for the applicant to provide a copy of the agreement to the employees and the opportunity for employees to make submissions on the agreement. The Commission noted that the agreement provided for a range of benefits for employees, including an increase in pay rates and the establishment of a new position within the company. The Commission was satisfied that the agreement was in the best interests of the employees and that it provided for a fair and reasonable outcome for all parties.

The Commission approved the Enterprise Agreement, subject to certain conditions. The agreement was to be registered with the Fair Work Commission and would be in effect from 1 July 2020 until 30 June 2025. The Commission also made orders for the agreement to be given to the employees and for the applicant to provide a copy of the agreement to the Fair Work Ombudsman. The orders also required the applicant to provide a copy of the agreement to any person who requested it. The Commission considered that the agreement provided for a fair and reasonable outcome for all parties and that it met the requirements of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established