DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Programmed Industrial Maintenance Pty Ltd
(AG2016/5686)

PROGRAMMED INDUSTRIAL MAINTENANCE AGREEMENT 2016-2019 KIMBERLY-CLARK MILLICENT MILL

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 19 OCTOBER 2016

Application for approval of the Programmed Industrial Maintenance Agreement 2016-2019 Kimberly-Clark Millicent Mill.

[1] An application has been made for approval of an enterprise agreement known as the Programmed Industrial Maintenance Agreement 2016-2019 Kimberly-Clark Millicent Mill (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Programmed Industrial Maintenance Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement was approved on 19 October 2016 and, in accordance with s.54, will operate from 26 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Industrial Maintenance Pty Ltd (PIM) sought approval of the Programmed Industrial Maintenance Agreement 2016-2019, executed with Kimberly-Clark, for the Mill at Millicent. The Fair Work Commission (FWC) was tasked with determining if the agreement met the criteria for approval under the Fair Work Act 2009. The dispute primarily centred on whether the agreement adequately addressed the terms and conditions of employment and other relevant matters.

The legal issues before the Commission were whether the agreement provided fair and reasonable terms for the employees, whether it aligned with the broader objectives of the Fair Work Act, and whether it complied with the procedural requirements for such agreements. Specifically, the Commission needed to assess whether the agreement was genuinely negotiated, whether it covered the necessary topics, and if it provided adequate protections and benefits to the employees.

In reaching its decision, the Commission considered various factors including the negotiation process, the content of the agreement, and its alignment with the Fair Work Act. The Commission found that the agreement had been genuinely negotiated and contained provisions that were fair and reasonable. It also found that the agreement covered the necessary topics and provided adequate protections and benefits to the employees. Consequently, the Commission approved the agreement, finding that it met the statutory requirements.

The Commission's decision was made in accordance with the principles of fairness and reasonableness as outlined in the Fair Work Act. The Commission's approval of the agreement was based on a comprehensive assessment of its contents and its alignment with the broader objectives of the Act. The final order was that the Programmed Industrial Maintenance Agreement 2016-2019, between Programmed Industrial Maintenance Pty Ltd and Kimberly-Clark for the Mill at Millicent, was approved as meeting the necessary criteria for approval under the Fair Work Act.

Programmed Industrial Maintenance Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established