CLARK EQUIPMENT AUSTRALIA PTY LTD

[2014] FWCA 8355

The attached document replaces the document previously issued with the above code on 24 November 2014.

The attached Decision now correctly references the name of the Agreement at paragraph [1], which is the Clark Equipment Australia Pty. Ltd. Omega Heavy Lift Truck Division, Collective Agreement 2014

Please discard the previous Decision issued and replace it with the attached.

Patti Ladd

Associate to Commissioner Blair

Dated 26 November 2014

[2014] FWCA 8355

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CLARK EQUIPMENT AUSTRALIA PTY LTD
(AG2014/9884)

CLARK EQUIPMENT AUSTRALIA PTY. LTD. OMEGA HEAVY LIFT TRUCK DIVISION, COLLECTIVE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 24 NOVEMBER 2014

Application for approval of the Clark Equipment Australia Pty. Ltd. Omega Heavy Lift Truck Division, Collective Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Clark Equipment Australia Pty. Ltd. Omega Heavy Lift Truck Division, Collective Agreement 2014 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, 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 the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act 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 December 2014. The nominal expiry date of the Agreement is 21 July 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Clark Equipment Australia Pty Ltd, sought the court's approval of a collective agreement for the Omega Heavy Lift Truck Division. The application was brought pursuant to section 181 of the Fair Work Act 2009, and the dispute was heard in the Fair Work Commission. The respondents, represented by the Australian Manufacturing Workers' Union, raised concerns about the agreement's terms, particularly those relating to redundancies and employee transfers.

The legal issues before the Commission included whether the agreement's provisions regarding redundancies and employee transfers were fair and reasonable, and whether they complied with the provisions of the Fair Work Act. The Commission had to assess if the agreement provided adequate protection to employees and if it was consistent with the broader objectives of the Act, including the protection of employees' rights and interests.

The Fair Work Commission, after considering the submissions from both parties and the relevant legal principles, found that the agreement was fair and reasonable. The Commission determined that the provisions regarding redundancies and employee transfers provided adequate protection to employees, and that they were consistent with the objectives of the Fair Work Act. The Commission also noted that the agreement had been negotiated in good faith and that it provided for a fair and efficient workplace. Consequently, the Commission approved the collective agreement.

The Fair Work Commission approved the Clark Equipment Australia Pty Ltd Omega Heavy Lift Truck Division, Collective Agreement 2014. The Commission found that the agreement was fair and reasonable, and that it provided adequate protection to employees. The Commission also noted that the agreement had been negotiated in good faith and that it was consistent with the objectives of the Fair Work Act. The approval of the agreement ensures that the terms and conditions of employment for the Omega Heavy Lift Truck Division are governed by a legally binding and fair collective agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established