Construction, Forestry, Mining and Energy Union v Kimberly-Clark Australia Pty Limited

[2015] FWC 8343

[2015] FWC 8343

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Mining and Energy Union
v
Kimberly-Clark Australia Pty Limited
(B2015/1274)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 2 DECEMBER 2015

Proposed protected action ballot of employees of Kimberly-Clark Australia Pty Limited.

[1] The Construction, Forestry, Mining and Energy Union (CFMEU) is a bargaining representative of some employees of Kimberly-Clark Australia Pty Limited (Kimberly-Clark). These employees will be covered by a proposed agreement that is currently the subject of bargaining between the CFMEU and Kimberly-Clark. These employees are currently covered by the Kimberly-Clark Australia Pty Limited, Millicent Mill, Production Enterprise Agreement 2012 (current agreement). The nominal expiry date of that agreement has passed.

[2] Kimberly-Clark initially opposed the protected action ballot application disputing that the CFMEU were genuinely seeking an agreement, and providing submissions to support their position. Directions were issued and the matter was listed for Hearing.

[3] The Hearing was subsequently cancelled upon notification to my Chambers that Kimberly-Clark and the CFMEU had reached and agreed position and had provided a draft order that had the consent of both parties.

[4] On the basis of the material before me, the Applicant has been, and is, genuinely trying to reach agreement with the Respondent Company and I am satisfied that the requirements in s. 443(1) of the Act have been met.
 
[5] An order has been issued separately in PR574643.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR574641>