Jessica Houston T/A Clark Equipment Australia Pty Ltd

[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

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Jessica Houston trading as Clark Equipment Australia Pty Ltd, the Fair Work Commission was tasked with determining whether to approve the Clark Equipment Australia Pty Ltd Omega Heavy Lift Truck Division Enterprise Agreement 2022. The agreement, which sought to establish the terms and conditions of employment for workers in the Omega Heavy Lift Truck Division, was subject to scrutiny to ensure it complied with the Fair Work Act 2009.

The primary legal issues addressed by the Commission were whether the agreement met the minimum requirements for approval under the Fair Work Act and whether it adhered to the principles of procedural fairness. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, including pay and conditions that were no less favourable than the applicable national workplace determination. The Commission also assessed whether the agreement was made in good faith and whether the necessary procedural steps were followed.

The Commission found that the agreement met the minimum requirements for approval, as it contained provisions that were fair and reasonable for the workers in the Omega Heavy Lift Truck Division. The Commission noted that the agreement provided for pay rates and conditions that were no less favourable than the relevant national workplace determination. Furthermore, the Commission was satisfied that the agreement was made in good faith and that the necessary procedural steps were followed, including the provision of a copy of the agreement to employees and the opportunity for employees to make submissions on the agreement. Based on these findings, the Commission approved the enterprise agreement.

Consequently, the Fair Work Commission approved the Clark Equipment Australia Pty Ltd Omega Heavy Lift Truck Division Enterprise Agreement 2022, effective from the date of the decision. The approval ensures that the agreement will govern the terms and conditions of employment for workers in the Omega Heavy Lift Truck Division, providing them with a framework for fair and reasonable employment arrangements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established