Kimberly-Clark Australia Pty Ltd

[2015] FWCA 2897

[2015] FWCA 2897

FAIR WORK COMMISSION

DECISION

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

Kimberly-Clark Australia Pty Ltd
(AG2015/2262)

KIMBERLEY-CLARK AUSTRALIA ALBURY MILL ENTERPRISE AGREEMENT 2015

Textile industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 28 APRIL 2015

Application for approval of the Kimberly-Clark Australia Albury Mill Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Kimberly-Clark Australia Albury Mill Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] The Textile, Clothing and Footwear Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 5 May 2015. The nominal expiry date of the Agreement is 1 March 2016.

DEPUTY PRESIDENT

Annexure A

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