Komatsu Australia Pty Ltd T/A Komatsu Australia Pty Ltd

[2024] FWCA 3024

[2024] FWCA 3024

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Komatsu Australia Pty Ltd T/A Komatsu Australia Pty Ltd

(AG2024/2846)

KOMATSU AUSTRALIA MACKAY AND EMERALD ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER DURHAM	BRISBANE, 19 AUGUST 2024

Application for approval of the Komatsu Australia Mackay and Emerald Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Komatsu Australia Mackay and Emerald Enterprise Agreement 2024 (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 T/A Komatsu Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

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. I note the undertakings were provided in relation to the following:

• Compassionate leave – clause 6.3.
• Deductions – clause 3.5(b)(iii).

1. Subject to the undertakings referred to above, 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): 

• Compassionate leave – clause 6.3.
• Deductions – clause 3.5(b)(iii).

1. However, noting the undertakings provided and clause 1.5 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.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) lodged respective Form F18 statutory declarations giving notice under s.183 of the Act that each wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU and ETU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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