Komatsu Marketing Support Australia Pty Ltd

Case

[2018] FWCA 3102

30 MAY 2018


[2018] FWCA 3102

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Komatsu Marketing Support Australia Pty Ltd

(AG2018/487)

Komatsu Marketing Support Australia Pty Ltd Warehousing Operations Enterprise Agreement 2017

Manufacturing and associated industries

Commissioner Wilson

MELBOURNE, 30 MAY 2018

Application for approval of the Komatsu Marketing Support Australia Pty Ltd Warehousing Operations Enterprise Agreement 2017.

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

  1. The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. 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.

  1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) AND Transport Workers’ Union of Australia being the bargaining representatives for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them.  In accordance with s.201(2) I note that the Agreement covers the organisations.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2018. The nominal expiry date of the Agreement is 29 May 2021.


COMMISSIONER

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Annexure A

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