Cummins South Pacific Pty Ltd Trading AS Cummins South Pacific [2025] FWCA 3349 | Case summary

The Fair Work Commission approved an enterprise agreement for Cummins South Pacific's Scoresby Operations. The employer provided an undertaking to address certain matters, which the Commission found would not disadvantage employees or substantially change the agreement. All legal requirements for approval were satisfied, and the agreement will start operating 7 days after approval, expiring on 30 September 2028.

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[1] An application has been made for approval of an enterprise agreement known as the

Cummins South Pacific Pty Ltd (Scoresby Operations) Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by

Cummins South Pacific Pty Ltd Trading as Cummins South Pacific (the Applicant). The Agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 11 September 2025.

[3] The Applicant has provided written undertakings, dated 17 September 2025, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative, and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[4] I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

[5] I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A 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 7 days after the date of approval of the Agreement. The nominal expiry date is 30 September 2028.

Cummins South Pacific Pty Ltd Trading AS Cummins South Pacific [2025] FWCA 3349 (7 October 2025)

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Cummins South Pacific Pty Ltd Trading AS Cummins South Pacific [2025] FWCA 3349 (7 October 2025)

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