Clark Equipment Australia T/A Clark Equipment Australia Pty Ltd

[2024] FWCA 4447

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Clark Equipment Australia T/A Clark Equipment Australia Pty Ltd

(AG2024/4653)

CLARK EQUIPMENT AUSTRALIA PTY. LTD. OMEGA HEAVY LIFT TRUCK DIVISION, ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER REDFORD	MELBOURNE, 12 DECEMBER 2024

Application for approval of the Clark Equipment Australia Pty. Ltd. Omega Heavy Lift Truck Division, Enterprise Agreement 2024

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 2024 (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.
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.
The Automotive, Food, Metals, Engineering, Printing, and Kindred Industries Union (AMWU) being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the AMWU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Clark Equipment Australia T/A Clark Equipment Australia Pty Ltd, sought approval of its Enterprise Agreement 2024 with the Omega Heavy Lift Truck Division. The application was made before the Fair Work Commission. The dispute involved the application's compliance with the Fair Work Act 2009 and its fairness in terms of the employees' interests. The applicant argued that the agreement met all legal requirements and was fair, while the respondent contended that certain provisions did not comply with the Act and were not in the employees' best interests.

The court had to determine whether the agreement complied with the provisions of the Fair Work Act and whether it was fair in terms of the employees' interests. This involved assessing whether the agreement covered all the necessary aspects, such as minimum wages and conditions, and whether it provided adequate protections for the employees. The court also needed to consider if the agreement was negotiated in good faith and if it reflected the true agreement between the parties.

The court found that the agreement was compliant with the Fair Work Act and was fair for the employees. It ruled that the agreement contained all the necessary provisions and provided adequate protections for the employees. The court concluded that the agreement was negotiated in good faith and accurately reflected the true agreement between the parties. As a result, the court approved the Enterprise Agreement 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established