Kimberly-Clark Australia Pty Ltd

[2013] FWCA 7912

The attached document replaces the document previously issued with the above code on 10 October 2013.

Agreement title in preamble corrected

Bronwyn Brown

Associate to Deputy President Lawrence

Dated 10 October 2013

[2013] FWCA 7912

FAIR WORK COMMISSION

DECISION

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

Kimberly-Clark Australia Pty Ltd
(AG2013/9384)

KIMBERLY-CLARK AUSTRALIA ALBURY MILL ENTERPRISE AGREEMENT 2013

Textile industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 10 OCTOBER 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Kimberly-Clark Australia Albury 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 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 Textile, Clothing and Footwear Union of Australia (NSW/SA/TAS Branch), 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.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 17 October 2013. The nominal expiry date of the Agreement is1 March 2015.

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 2013. The applicant, an employer in the manufacturing sector, sought to have the agreement, which provided for changes to employee entitlements, approved under the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement met the statutory requirements for approval and whether it contained terms and conditions that were consistent with the overarching principles of the Fair Work Act. The Commission considered whether the agreement had been made in good faith, whether it provided for a fair and efficient workplace, and whether it included terms that were fair and reasonable in all respects.

The central legal issues before the Commission involved whether the proposed changes to employee entitlements, including wages, allowances, and leave provisions, were fair and reasonable. The Commission also needed to determine if the agreement contained appropriate mechanisms for resolving disputes and if it provided for a transparent and efficient workplace. The applicant argued that the changes were necessary to maintain competitiveness and to provide for fair treatment of employees. Opposing parties contended that the proposed changes were excessive and did not adequately protect employee rights.

The Fair Work Commission found that the agreement, while containing some provisions that were not ideal, did not contravene the principles of the Fair Work Act. The Commission considered that the changes to employee entitlements were fair and reasonable, taking into account the need for the employer to remain competitive. It also found that the agreement included adequate dispute resolution mechanisms and provisions that promoted an efficient workplace. Consequently, the Commission approved the agreement, subject to certain conditions designed to ensure that employees' rights were protected.

The final orders of the Commission mandated that Kimberly-Clark Australia Pty Ltd adhere to the approved agreement and its terms and conditions. Additionally, the Commission required the employer to provide specific information to employees regarding the approved agreement and to ensure that any changes to the agreement in the future were also subject to approval under the Fair Work Act. The Commission's decision was made in the context of maintaining a balance between the interests of employers and employees, ensuring that the workplace remained efficient and that employees' rights were protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established