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

[2023] FWCA 804

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2023/472)

Kimberly-Clark Australia Pty Limited, Millicent Mill, Production Enterprise Agreement 2022

Timber and paper products industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 16 MARCH 2023

Application for approval of the Kimberly-Clark Australia Pty Limited, Millicent Mill, Production Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Kimberly-Clark Australia Pty Limited, Millicent Mill, Production Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Kimberly-Clark Australia Pty Limited (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 9 March 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Timber Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kimberly-Clark Australia Pty Limited, trading as Kimberly-Clark Australia, applied for approval of the 2022 Production Enterprise Agreement at the Fair Work Commission. The agreement pertains to the employees working at the Millicent Mill, and it was submitted to the Commission for endorsement. The legal issues that the Commission was required to consider involved whether the agreement complied with the Fair Work Act 2009 and whether it met the requirements for being a "single enterprise agreement." The primary concern was ensuring that the agreement was made in good faith and covered all employees at the specified site. The Commission assessed the negotiation process, the content of the agreement, and its compliance with statutory provisions. It was necessary to determine if the agreement provided fair and reasonable terms, and whether it had been fairly and genuinely negotiated. The Commission found that the agreement met all the necessary criteria for approval, including the fact that it had been negotiated in good faith and that the terms were fair and reasonable. The agreement was deemed to be a single enterprise agreement and was therefore approved for registration.

The Fair Work Commission concluded that the agreement complied with the relevant provisions of the Fair Work Act 2009. It was determined that the negotiation process was conducted in good faith, and that the terms of the agreement were fair and reasonable. The Commission approved the agreement for registration, ensuring that it would now govern the employment conditions of the employees at the Millicent Mill. The approval was based on the evidence presented and the Commission's assessment of the agreement's compliance with the statutory requirements. The decision provided clarity for the parties involved, affirming the agreement's validity and enforceability.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established