Jessica Houston T/A Clark Equipment Australia Pty Ltd

[2022] FWCA 4279

[2022] FWCA 4279

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jessica Houston T/A Clark Equipment Australia Pty Ltd

(AG2022/4841)

Clark Equipment Australia Pty. Ltd. Omega Heavy Lift Truck Division, Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 6 DECEMBER 2022

Application for approval of the Clark Equipment Australia Pty. Ltd. Omega Heavy Lift Truck Division, Enterprise Agreement 2022

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 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Jessica Houston T/A Clark Equipment Australia Pty Ltd. The Agreement is a single enterprise agreement.

1. 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.

1. The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

1. 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2022. The nominal expiry date of the Agreement is 26 September 2024.

COMMISSIONER

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