Kimberly-Clark Australia Pty Limited T/A Kimberly-Clark Aust P/L

[2023] FWCA 810

[2023] FWCA 810

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Kimberly-Clark Australia Pty Limited T/A Kimberly-Clark Aust P/L

(AG2023/433)

Kimberly-Clark Australia Pty Limited, Millicent Mill, Maintenance Enterprise Agreement 2023

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 16 MARCH 2023

Application for approval of the Kimberly-Clark Australia Pty Limited, Millicent Mill, Maintenance Enterprise Agreement 2023

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 2023 (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 T/A Kimberly-Clark Aust P/L. The Agreement is a single enterprise agreement.

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

1. Subject to the undertaking 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7.1 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.

1. 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) I note that the Agreement covers the organisations.

1. The Agreement was approved on 16 March 2023 and, in accordance with s.54, will operate from 23 March 2023. The nominal expiry date of the Agreement is 1 January 2026.

COMMISSIONER

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<AE519493  PR760336>

Annexure A