Kimberly-Clark Australia Pty Limited

[2019] FWCA 7812

[2019] FWCA 7812

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kimberly-Clark Australia Pty Limited
(AG2019/3962)

KIMBERLY-CLARK AUSTRALIA PTY LIMITED, MILLICENT MILL, MAINTENANCE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 15 NOVEMBER 2019

Application for approval of the Kimberly-Clark Australia Pty Limited, Millicent Mill, Maintenance Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Kimberly-Clark Australia Pty Limited, Millicent Mill, Maintenance Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kimberly-Clark Australia Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives 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 organisations.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 8.9 – Abandonment of employment

•  Clause 27.16 – Carer’s Leave Definitions

•  Clause 27.20 – Unpaid Carer’s Leave

•  Clause 31 – Community Service Leave

•  Clause 32 – Jury Service and Attendance at the Coroner’s Court

•  Clause 34.2 – Public Holidays

• 

However, noting clause 7.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 November 2019. The nominal expiry date of the Agreement is 1 August 2022.

COMMISSIONER

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Annexure A