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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kimberly-Clark Australia Pty Ltd applied to the Fair Work Commission for approval of the Kimberly-Clark Australia Albury Mill Enterprise Agreement 2015. The application was made under section 230 of the Fair Work Act 2009. The parties to the agreement were Kimberly-Clark Australia Pty Ltd as the employer, and various unions representing the employees. The dispute centered on whether the agreement contained appropriate terms and conditions of employment, including pay rates, working conditions, and dispute resolution mechanisms, and whether the agreement complied with the requirements of the Fair Work Act.

The legal issues the court had to address were whether the agreement met the requirements of the Fair Work Act for enterprise agreements, whether the agreement was made in good faith and without coercion, and whether the agreement provided for appropriate dispute resolution processes. The court also considered whether the agreement provided for fair and reasonable terms and conditions of employment for the employees.

The court found that the agreement met the requirements of the Fair Work Act for enterprise agreements, and that it was made in good faith and without coercion. The court also found that the agreement provided for appropriate dispute resolution processes and that it provided for fair and reasonable terms and conditions of employment for the employees. The court approved the agreement and made an order under section 231 of the Fair Work Act that the agreement be registered as a registered agreement.

The court's decision was based on its finding that the agreement was fair and reasonable, and that it met all of the requirements of the Fair Work Act. The court noted that the agreement provided for appropriate dispute resolution processes and that it provided for fair and reasonable terms and conditions of employment for the employees. The court also noted that the agreement was made in good faith and without coercion, and that it met all of the requirements of the Fair Work Act for enterprise agreements. The court's approval of the agreement means that it is now legally binding on the parties and can be enforced in the courts if necessary.

Kimberly-Clark Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established