Kimberly-Clark Australia Pty Ltd

[2014] FWCA 96

FAIR WORK COMMISSION

DECISION

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

Kimberly-Clark Australia Pty Ltd
(AG2013/11865)

KIMBERLY-CLARK AUSTRALIA INGLEBURN MILL ENTERPRISE AGREEMENT 2013

Clothing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 6 JANUARY 2014

Application for approval of the Kimberly-Clark Australia Ingleburn Mill Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Kimberly-Clark Australia Ingleburn Mill Enterprise Agreement 2013 (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 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.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 13 January 2014. The nominal expiry date of the Agreement is 31 July 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Kimberly-Clark Australia Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Kimberly-Clark Australia Ingleburn Mill Enterprise Agreement 2013. The applicant, Kimberly-Clark Australia, sought the approval of this agreement, which it had negotiated with certain employees represented by the National Union of Workers. The dispute centred around the validity and fairness of the terms of the agreement, with particular attention to the implications for employee entitlements and conditions of employment.

The primary legal issues before the Commission involved whether the agreement met the statutory requirements for enterprise agreements as set out in the Fair Work Act 2009, specifically concerning procedural fairness and the absence of prohibited content. The Commission needed to determine whether the negotiation process was conducted appropriately, whether the agreement contained any terms that were against the law or in breach of any existing industrial instruments, and whether it provided a safety net for employees.

In its reasoning, the Commission emphasised the importance of procedural fairness in the negotiation of the agreement. It noted that the applicant had provided evidence of a robust negotiation process that involved meaningful consultation with the union representatives. The Commission found that the agreement was free from any prohibited content and that it did not undermine the safety net of minimum entitlements provided by the applicable awards and the National Employment Standards. Consequently, the Commission approved the agreement, finding that it complied with the relevant statutory requirements and was in the best interests of the employees covered by the agreement. The final orders of the Commission included the approval of the Kimberly-Clark Australia Ingleburn Mill Enterprise Agreement 2013, subject to the terms and conditions specified in the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established