Komatsu Marketing Support Australia Pty Limited

[2014] FWCA 9169

[2014] FWCA 9169

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Komatsu Marketing Support Australia Pty Limited
(AG2014/8392)

KOMATSU WAREHOUSING OPERATIONS - TWU ENTERPRISE AGREEMENT 2014 - 2017

Storage services
COMMISSIONER ROBERTS	SYDNEY, 16 DECEMBER 2014

Application for approval of the Komatsu Warehousing Operations - TWU Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Komatsu Warehousing Operations - TWU Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Komatsu Marketing Support Australia Pty Limited (the Company). The agreement is a single-enterprise agreement.

[2] On 12 December 2014 undertakings were provided by Ms C Cannavo, the Company’s National People Support Manager, in relation to clause 13 (Consultation on workplace change) and clause 14 (Dispute resolution procedure) of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

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

[4] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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Annexure A