DECISION

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

Manpower Services (Australia) Pty Ltd T/A Manpower
(AG2014/10535)

MANPOWER SERVICES (AUSTRALIA) PTY LTD AND KIMBERLY CLARK LAVERTON DC ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 15 JANUARY 2015

Application for approval of the Manpower Services (Australia) Pty Ltd and Kimberly Clark Laverton DC Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Manpower Services (Australia) Pty Ltd and Kimberly Clark Laverton DC Enterprise Agreement 2014 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2015. The nominal expiry date of the Agreement is 4 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Manpower Services (Australia) Pty Ltd trading as Manpower, the applicant sought approval for the Manpower Services (Australia) Pty Ltd and Kimberly Clark Laverton DC Enterprise Agreement 2014. The respondent, United Voice, an industrial union, contested the approval of this agreement on behalf of its members, who were employees of Kimberly Clark Laverton DC. The Fair Work Commission was tasked with determining whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement was consistent with the provisions of the Act, particularly regarding the bargaining process and the fairness of its terms. The Commission needed to consider if the agreement was made in good faith, if the process for its negotiation was appropriate, and whether it contained terms that were reasonably capable of promoting the object of the Act, including fair work outcomes for employees.

The Commission examined the evidence and submissions from both parties, focusing on the negotiation process and the content of the agreement. It concluded that the agreement was made in good faith and through an appropriate process, as there was sufficient evidence of genuine negotiations between the parties. The Commission found that the terms of the agreement were reasonably capable of promoting the objects of the Act, including fair work outcomes for the employees. Consequently, the application for approval was approved.

In light of the findings, the Fair Work Commission approved the Manpower Services (Australia) Pty Ltd and Kimberly Clark Laverton DC Enterprise Agreement 2014. The agreement was certified as meeting the necessary statutory requirements and was therefore approved, effective from the date of the Commission's decision.

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