Application by Komatsu Australia Pty Ltd
Citation: [2026] FWCA 1953
What happened
Komatsu Australia Pty Ltd applied for approval of the Komatsu Australia Wacol Distribution Centre Enterprise Agreement 2026 under section 185 of the Fair Work Act 2009. The agreement is a single enterprise agreement. The Australian Manufacturing Workers’ Union (AMWU) notified their desire for the agreement to cover them. Written undertakings were provided by the applicant regarding the definition of 'shiftworker' and potential inconsistencies with the National Employment Standards.
What was decided
The Fair Work Commission approved the Komatsu Australia Wacol Distribution Centre Enterprise Agreement 2026, noting certain undertakings. The Commissioner found the agreement met the requirements of sections 186, 187 and 188 of the Act. The AMWU is covered by the agreement. Where there's an inconsistency between the agreement and the National Employment Standards (NES), the NES will prevail. As stated in paragraph [5], 'Redundancy: Clause 16.4' is likely to be inconsistent with the NES.
What it means for employers
Employers should ensure enterprise agreements align with the National Employment Standards, particularly regarding redundancy provisions. They must also consider and address potential inconsistencies proactively through written undertakings, as demonstrated by Komatsu Australia’s approach.
What it means for employees
Employees covered by the agreement benefit from its terms but should be aware that the National Employment Standards will take precedence where there are conflicts with the enterprise agreement. The AMWU is now covered under this agreement.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2026fwca1953.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →