Clark Equipment Australia Pty Ltd
[2019] FWCA 7591
•5 NOVEMBER 2019
| [2019] FWCA 7591 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Clark Equipment Australia Pty Ltd
(AG2019/4033)
CLARK EQUIPMENT AUSTRALIA PTY. LTD. OMEGA HEAVY LIFT TRUCK DIVISION, ENTERPRISE AGREEMENT 2019
Manufacturing and associated industries | |
DEPUTY PRESIDENT CROSS | SYDNEY, 5 NOVEMBER 2019 |
Application for approval of the Clark Equipment Australia Pty. Ltd. Omega Heavy Lift Truck Division, Enterprise Agreement 2019.
[1] An application has been made for approval of an enterprise agreement known as the Clark Equipment Australia Pty. Ltd. Omega Heavy Lift Truck Division, Enterprise Agreement 2019 (the “Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (the “Act”). It has been made by Clark Equipment Australia Pty Ltd. The Agreement is a single enterprise agreement.
[2] The Applicant has provided a written undertaking. A copy of the undertaking is attached as “Annexure A.” 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. The undertaking is taken to be a term of the Agreement.
[3] Subject to the undertaking, 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.
[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), 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 5 November, 2019. The nominal expiry date of the Agreement is 28 August, 2022.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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‘Annexure A’
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