DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clark Equipment Australia Pty Ltd
(AG2017/3262)

CLARK EQUIPMENT AUSTRALIA PTY. LTD. OMEGA HEAVY LIFT TRUCK DIVISION, COLLECTIVE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 25 AUGUST 2017

Application for approval of the Clark Equipment Australia Pty. Ltd. Omega Heavy Lift Truck Division, Collective Agreement 2017.

[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, Collective Agreement 2017 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 September 2017. The nominal expiry date of the Agreement is 7 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Clark Equipment Australia Pty Ltd, on behalf of its Omega Heavy Lift Truck Division, applied to the Fair Work Commission for approval of the Collective Agreement 2017. The application was made in accordance with section 235 of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement contained all the required provisions, was made in good faith, and was not likely to have an adverse effect on the national system of industrial relations.

The Commission found that the agreement was comprehensive and contained all the required provisions, including provisions for the classification of employees, their remuneration, and other terms and conditions of employment. The Commission also found that the agreement was made in good faith, as it was the result of negotiations between the employer and the union representing the employees. The Commission further found that the agreement was not likely to have an adverse effect on the national system of industrial relations, as it did not contain any provisions that would undermine the system. The Commission approved the agreement, and it became legally binding on the parties.

The Commission noted that the agreement provided for a number of benefits for the employees, including improved pay and conditions, and that these benefits were achieved through a process of negotiation and compromise. The Commission also noted that the agreement contained a number of provisions designed to promote productivity and efficiency, which were in the interests of both the employer and the employees. The Commission concluded that the agreement was fair and reasonable, and that it should be approved.

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