Komatsu Forklift Australia Pty Ltd

[2013] FWCA 9040

[2013] FWCA 9040

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Komatsu Forklift Australia Pty Ltd
(AG2013/10862)

KOMATSU FORKLIFT AUSTRALIA VICTORIAN UNION ENTERPRISE AGREEMENT 2013-2015

Vehicle industry
COMMISSIONER RIORDAN	SYDNEY, 18 NOVEMBER 2013

Application for approval of the Komatsu Forklift Australia Victorian Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Komatsu Forklift Australia Victorian Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Komatsu Forklift Australia Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Australian Workers’ Union (the Union) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] Fair Work Commission received correspondence dated 7 November 2013, which included further material in support of the application together with Undertakings made by and duly signed by the Chief Administration Officer, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

Undertaking

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