Komatsu Australia Pty Ltd T/A Komatsu

[2022] FWCA 2415

[2022] FWCA 2415

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Komatsu Australia Pty Ltd T/A Komatsu

(AG2022/1966)

Komatsu Australia South East Queensland Service, Assembly and Reman Departments Enterprise Agreement 2021

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 19 JULY 2022

Application for approval of the Komatsu Australia South East Queensland Service, Assembly and Reman Departments Enterprise Agreement 2021

1. Komatsu Australia Pty Ltd T/A Komatsu (the Employer) has applied for approval of an enterprise agreement known as the Komatsu Australia South East Queensland Service, Assembly And Reman Departments Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The AMWU raised no issues with the undertakings, other than to note that the second undertaking may be ambiguous for employees to interpret. 

1. 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The 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) of the Act I note that the Agreement covers the AMWU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A – Undertakings