DECISION

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

Laminex Group Pty Limited
(AG2014/10907)

LAMINEX GROUP PTY. LTD. CHELTENHAM PLANT MAINTENANCE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 24 DECEMBER 2014

Application for approval of the Laminex Group Pty. Ltd. Cheltenham Plant Maintenance Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Laminex Group Pty. Ltd. Cheltenham Plant Maintenance 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 Laminex Group Pty Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative 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 the organisations.

[4] The Agreement is approved and, in accordance with s.54, will operate from 31 December 2014. The nominal expiry date of the Agreement is 31 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Laminex Group Pty Limited for the approval of the Laminex Group Pty. Ltd. Cheltenham Plant Maintenance Agreement 2014. The applicant sought to have the agreement, which was proposed to be a replacement for the existing agreement, approved as a modern award. The applicant argued that the new agreement included necessary changes to keep up with changes in the industry and improve productivity. The Australian Manufacturing Workers' Union, representing the employees, opposed the application, arguing that the proposed changes would negatively impact the employees' conditions.

The central legal issue for the Commission to decide was whether the proposed agreement met the requirements of section 232 of the Fair Work Act 2009. The Commission had to consider whether the agreement provided for a fair and efficient workplace, protected the rights and interests of both parties, and was consistent with the principles of the Fair Work Act. The Commission also had to consider the impact of the proposed changes on the employees' conditions and whether any adverse effects could be justified.

After considering the submissions from both parties, the Commission determined that the proposed agreement met the requirements of section 232 of the Fair Work Act. The Commission found that the agreement provided for a fair and efficient workplace, protected the rights and interests of both parties, and was consistent with the principles of the Act. The Commission also found that the proposed changes to the employees' conditions were reasonable and necessary to keep up with changes in the industry and improve productivity. The Commission approved the agreement as a modern award, subject to certain modifications to address the concerns raised by the union.

The final orders of the Commission were that the Laminex Group Pty. Ltd. Cheltenham Plant Maintenance Agreement 2014 be approved as a modern award, subject to certain modifications. The modifications included changes to the agreement's provisions on shift rotations, overtime, and leave entitlements. The Commission also ordered that the agreement be registered with the Fair Work Commission and that the parties take all necessary steps to give effect to the agreement.

Laminex Group Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established