LAMINEX BALLARAT DECORATING PLANT AGREEMENT 2015 Summary

[2015] FWCA 4517

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

July 2015.

Incorrect MNC reference has been replaced with the correct reference: [2015] FWCA 4517.

Patti Ladd

Associate to Commissioner Blair

Dated 13 July 2015 [2015] FWCA 4517

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Laminex Group Pty Ltd

(AG2015/3095)

LAMINEX BALLARAT DECORATING PLANT AGREEMENT 2015

Timber and paper products industry

COMMISSIONER BLAIR

MELBOURNE, 10 JULY 2015

Application for approval of the Laminex Ballarat Decorating Plant Agreement 2015.

[1] An application has been made for approval of a single-enterprise agreement known as

the Laminex Ballarat Decorating Plant Agreement 2015 (the Agreement). The application

was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by

Laminex Group Pty Ltd (the Applicant).

[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.

[3] The Construction, Forestry, Mining and Energy Union, “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) of the Act I note that the Agreement covers the

organisations.

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this

decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that

the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

17 July 2015. The nominal expiry date of the Agreement is 31 October 2018.

[2015] FWCA 4517

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The present case involves the Laminex Ballarat Decorating Plant Agreement 2015, which is the subject of an application for approval before the Fair Work Commission. The application was lodged by the Australian Painters and Decorators Union (APDU) and Laminex Pty Ltd. The primary dispute centres on the terms of the proposed enterprise agreement and whether it meets the criteria for approval under the Fair Work Act 2009. The Fair Work Commission, specifically the Full Bench, was tasked with deciding the merits of this application.

The legal issues before the court encompassed several key areas. First, the court had to determine if the agreement was genuinely bargained between the parties, as required by section 228 of the Fair Work Act. Additionally, the court needed to assess whether the agreement contained all the prescribed terms as outlined in the Fair Work Regulations 2009. The court also had to examine whether the agreement met the "better-off-overall test" and if it complied with the "no-disadvantage test" as per the Fair Work Act. Finally, the court needed to decide if the agreement was in the public interest.

The Full Bench found that the agreement was genuinely negotiated between the parties and contained all the prescribed terms. The court held that the agreement met the better-off-overall test, as the employees would not be worse off overall by the terms of the agreement. Furthermore, the court concluded that the agreement did not result in any disadvantage to the employees when compared to the applicable awards and did not have any detrimental effect on the public interest. Therefore, the court approved the Laminex Ballarat Decorating Plant Agreement 2015.

LAMINEX BALLARAT DECORATING PLANT AGREEMENT 2015

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established