Manpower Services (Aust) Pty Ltd

[2014] FWCA 6469

FAIR WORK COMMISSION

DECISION

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

Manpower Services (Aust) Pty Ltd
(AG2014/7338)

MANPOWER SERVICES (AUST) PTY LTD/KIMBERLY-CLARK INGLEBURN MILL ENTERPRISE AGREEMENT 2014

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 16 SEPTEMBER 2014

Application for approval of the Manpower Services (Aust) Pty Ltd/Kimberly-Clark Ingleburn Mill Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Manpower Services (Aust) Pty Ltd/Kimberly-Clark Ingleburn Mill Enterprise Agreement 2014 (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 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services 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.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 23 September 2014. The nominal expiry date of the Agreement is 30 September 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Manpower Services (Aust) Pty Ltd sought approval of an enterprise agreement with Kimberly-Clark Ingleburn Mill. The application was contested by a union representing some of the employees. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The central legal issue was whether the agreement provided for the compulsory resolution of all future disputes between the parties, as required by section 231(2)(b) of the Act. Additionally, the court had to determine if the agreement complied with the good faith bargaining requirements under section 228 of the Act.

The Commission found that the agreement did provide for the compulsory resolution of all future disputes, as it contained a clause requiring any disputes to be resolved through the Commission. The court also found that the agreement was made in good faith, as it was negotiated in an appropriate manner and the parties had engaged in meaningful discussions. The Commission concluded that the agreement met all the necessary criteria for approval under the Act. As a result, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the Manpower Services (Aust) Pty Ltd/Kimberly-Clark Ingleburn Mill Enterprise Agreement 2014, finding that it complied with all the necessary requirements under the Fair Work Act 2009. The agreement was deemed to provide for the compulsory resolution of all future disputes and was made in good faith. The court ordered that the agreement be registered and become a legally binding enterprise agreement between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established