Laminex Group Pty Limited

[2014] FWCA 7521

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Limited
(AG2014/9346)

LAMINEX GROUP PTY. LTD. CHELTENHAM PLANT PRODUCTION ENTERPRISE AGREEMENT 2014

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 22 OCTOBER 2014

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

[1] An application for approval of an agreement known as the Laminex Group Pty. Ltd. Cheltenham Plant Production Enterprise Agreement 2014 (the Agreement), pursuant to s.185 of the Fair Work Act 2009 (the Act) has been made by the Laminex Group Pty Limited. 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.

[2] United Voice, being the bargaining representative, has 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 organisation. The Agreement does not contain a flexibility clause. Pursuant s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement and is attached to the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2014. The nominal expiry date of the Agreement is 30 April 2017.

1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In Laminex Group Pty Limited, the Fair Work Commission was asked to approve a proposed enterprise agreement between the employer, Laminex Group Pty Limited, and its employees at the Cheltenham Plant. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the question was whether the agreement adequately covered all employees within the bargaining unit, and whether it included the necessary terms and conditions in line with the Act's provisions.

The Commission had to determine if the agreement was made in good faith, and whether it was fair and reasonable for the employees it covered. This involved assessing whether the agreement met the criteria for "better off overall" and "no detriment" for the employees compared to their previous conditions. The Commission also needed to ensure that the agreement did not unfairly discriminate against any group of employees and complied with any relevant award or registered agreement.

The Fair Work Commission found that the proposed agreement did meet the necessary legal requirements. It concluded that the agreement was made in good faith, covered all intended employees, and included appropriate terms and conditions. The Commission determined that the agreement was fair and reasonable, providing benefits to the employees without any detriment. The proposed agreement was therefore approved by the Commission, ensuring it could be implemented as intended.

The Fair Work Commission's final order was that the Laminex Group Pty. Ltd. Cheltenham Plant Production Enterprise Agreement 2014 be approved, effective from the date of the decision. This decision allowed the agreement to be implemented, providing certainty and stability to both the employer and the employees regarding their future employment conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established