Application for approval of the Komatsu Australia Tasmania Service Department Enterprise Agreement 2025

[1] Komatsu Australia Pty Ltd has applied for approval of an enterprise agreement known as the Komatsu Australia Tasmania Service Department Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).

[2] The Agreement is a single enterprise agreement.

[3] I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

• Clause 2.8.10 - Redundancy Pay
• Clause 6.3 - Compassionate Leave
• Clause 6.9 - Family and Domestic Violence Leave

[4] Clause 1.6 of the Agreement gives precedence to the NES and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Employer 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 27 November 2025.

[8] In accordance with Clause 1.4 of the Agreement, the nominal expiry date of the Agreement is 31 March 2028.

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