Laminex Group Pty Limited Summary

[2013] FWCA 5183

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Limited
(AG2013/7675)

THE LAMINEX GROUP BRISBANE DISTRIBUTION CENTRE AGREEMENT 2013-2016

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 30 JULY 2013

Application for approval of The Laminex Group Brisbane Distribution Centre Agreement 2013-2016.

[1] An application has been made for approval of a single-enterprise agreement known as The Laminex Group Brisbane Distribution Centre Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Laminex Group Pty Limited.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Laminex Group Pty Limited applied to the Fair Work Commission for approval of the Laminex Group Brisbane Distribution Centre Agreement 2013-2016. The dispute arose between Laminex and the Retail and Fast Food Workers Union of Australia, which represented certain employees at the Brisbane Distribution Centre. The core issue was whether the proposed agreement, which included various terms and conditions of employment, was in the best interests of the employees and met the criteria for approval under the Fair Work Act 2009.

The Commission needed to determine if the agreement was a "better off overall test" (BOOT) agreement, meaning that the overall benefits to the employees outweighed any detriments. The Commission also had to consider whether the agreement met the requirements of being fair and reasonable, as well as if it was negotiated in good faith and covered all necessary terms. The key concern was whether the agreement's provisions, such as reduced sick leave entitlements and changes to shift patterns, provided a net benefit to the employees.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the proposed agreement did meet the BOOT criteria and was fair and reasonable. The Commission was satisfied that the agreement was negotiated in good faith and covered all necessary terms. The Commission concluded that the agreement provided overall benefits to the employees, including improved job security and better wages, which outweighed any detriments from the reduced sick leave and changes to shift patterns. Therefore, the Commission approved the Laminex Group Brisbane Distribution Centre Agreement 2013-2016.

Laminex Group Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established