DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clark Equipment Australia Pty Ltd
(AG2018/5771)

CLARK EQUIPMENT AUSTRALIA PTY. LTD. OMEGA HEAVY LIFT TRUCK DIVISION, ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 20 MARCH 2019

Application for approval of the Clark Equipment Australia Pty. Ltd. Omega Heavy Lift Truck Division, Enterprise Agreement 2018.

[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 2018 (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 Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2019. The nominal expiry date of the Agreement is 7 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Clark Equipment Australia Pty Ltd, sought approval of an enterprise agreement under the Fair Work Act 2009. The agreement in question pertains to the Omega Heavy Lift Truck Division of the company. The applicant argued that the agreement fairly reflected the terms and conditions of employment for the relevant employees, including provisions related to wages, hours of work, and other employment-related matters. The dispute came before the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Act.

The central legal issue before the Commission was whether the enterprise agreement complied with the requirements set out in the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for terms and conditions of employment that were no less favourable than the applicable national employment standards, and whether it had been made in good faith and covered the appropriate bargaining unit. Additionally, the Commission examined whether the agreement met the ‘better off overall test’, ensuring that employees were not worse off financially under the new agreement.

The Fair Work Commission found that the enterprise agreement met the statutory requirements for approval. The agreement was determined to provide for terms and conditions that were at least as favourable as the national employment standards, and the Commission was satisfied that it had been made in good faith and covered the correct bargaining unit. Furthermore, the Commission concluded that the agreement satisfied the better off overall test, as the majority of employees would be no worse off under the new terms. Given these findings, the Commission approved the enterprise agreement as compliant with the Fair Work Act.

The Fair Work Commission granted approval for the Clark Equipment Australia Pty Ltd Omega Heavy Lift Truck Division Enterprise Agreement 2018, effective from the date of the decision. This approval ensures that the agreement will legally bind both the employer and the employees, providing a framework for the terms and conditions of employment within the division.

Clark Equipment Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established