DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Manpower Services (Australia) Pty Ltd T/A Manpower
(AG2018/1274)

MANPOWER SERVICES (AUSTRALIA) PTY LTD KIMBERLEY-CLARK INGLEBURN MILL ENTERPRISE AGREEMENT 2018

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 JULY 2018

Application for approval of the Manpower Services (Australia) Pty Ltd Kimberly-Clark Ingleburn Mill Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Manpower Services (Australia) Pty Ltd Kimberly-Clark Ingleburn Mill Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Manpower Services (Australia) Pty Ltd T/A Manpower. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2018. The nominal expiry date of the Agreement is 30 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the Manpower Services (Australia) Pty Ltd Kimberly-Clark Ingleburn Mill Enterprise Agreement 2018, brought before the Fair Work Commission (FWC). The applicant, Manpower Services (Australia) Pty Ltd, sought approval of the agreement which was negotiated with the relevant union and covers employees at the Kimberly-Clark Ingleburn Mill. The dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009.

The key legal issues before the FWC were whether the agreement provided for genuine bargaining, whether it contained the minimum terms and conditions as required by law, and whether it had been negotiated in good faith. Additionally, the FWC considered whether the agreement met the procedural requirements for approval, including whether there had been adequate consultation with the employees and the union. The FWC also examined the terms of the agreement to ensure they complied with the Fair Work Act, including the provisions related to remuneration, working conditions, and dispute resolution.

The FWC found that the agreement had been genuinely bargained and met the criteria for approval. The Commission concluded that there had been sufficient consultation with the employees and the union, and that the agreement contained all the required minimum terms and conditions. The FWC also determined that the agreement had been negotiated in good faith and that it was consistent with the objectives of the Fair Work Act. Consequently, the FWC approved the Manpower Services (Australia) Pty Ltd Kimberly-Clark Ingleburn Mill Enterprise Agreement 2018.

The FWC's final order was the approval of the agreement, which will now serve as the enterprise agreement for the employees covered by it. This decision ensures that the terms and conditions set out in the agreement will apply to the relevant workforce, providing a framework for their employment relationship.

Manpower Services (Australia) Pty Ltd T/A Manpower

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established