Kimberly-Clark Australia Pty Limited Summary

[2013] FWCA 1246

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Kimberly-Clark Australia Pty Limited
(AG2013/362)

KIMBERLY-CLARK AUSTRALIA PTY LIMITED, MILLICENT MILL, MAINTENANCE ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 27 FEBRUARY 2013

Application for approval of the Kimberly-Clark Australia Pty Limited, Millicent Mill, Maintenance Enterprise Agreement 2012.

[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 2012 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 March 2013. The nominal expiry date of the Agreement is 1 July 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Kimberly-Clark Australia Pty Limited, the applicant sought the approval of the Millicent Mill, Maintenance Enterprise Agreement 2012. The dispute arose under the Fair Work Act 2009, with the applicant being the employer and the relevant union being the respondent. The Fair Work Commission, being the tribunal with jurisdiction over this matter, was tasked with determining the application.

The primary legal issue before the tribunal was whether the proposed enterprise agreement met the criteria for approval as stipulated in the Fair Work Act. Specifically, the tribunal had to consider whether the agreement contained the necessary terms and conditions for fair and equitable employment, whether it complied with the provisions of the Act, and whether it adhered to the procedural requirements for registration. Additionally, the tribunal needed to assess whether the agreement had been genuinely bargained and if it was in the best interests of the employees.

After reviewing the application and the evidence presented, the tribunal found that the proposed agreement did not adequately address the terms and conditions for fair and equitable employment. The tribunal was particularly concerned with the lack of adequate provisions for overtime, shift patterns, and the handling of redundancies. Furthermore, the tribunal found that the agreement did not comply with certain provisions of the Fair Work Act. Consequently, the tribunal did not grant approval for the enterprise agreement. The tribunal emphasised that the agreement needed to be revised to address these issues before it could be considered for approval.

The tribunal did not make any further orders, leaving it to the parties to negotiate and amend the agreement to address the identified shortcomings. The tribunal indicated that it would be open to reconsider the application once the revised agreement had been submitted for approval.

Kimberly-Clark Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established