Laminex Group Pty Limited Summary

[2025] FWCA 2146

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Laminex Group Pty Limited

(AG2025/1886)

LAMINEX BATHURST PLANT AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER SLOAN	SYDNEY, 30 JUNE 2025

Application for approval of the Laminex Bathurst Plant Agreement 2025

Laminex Group Pty Limited has applied for approval of an enterprise agreement known as the Laminex Bathurst Plant Agreement 2025 (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
Laminex has provided written undertakings, a copy of which is attached in Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement or to result in substantial changes to the Agreement. The Commission sought the views of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”, known as the Australian Manufacturing Workers’ Union (“AMWU”), which was a bargaining representative, in respect of the undertakings.
Pursuant to section 190(3) of the Act, I accept the undertakings. They are taken to be a term of the Agreement.
Having regard to the undertakings and the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.
The AMWU supports the approval of the Agreement. It has given notice under section 183 of the Act that it wants the Agreement to cover it. As required by section 201(2) of the Act, I note that the Agreement covers the AMWU.
The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 7 July 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Laminex Group Pty Limited, sought approval from the Fair Work Commission for the Laminex Bathurst Plant Agreement 2025. The application arose from a negotiation process between Laminex and the relevant employee representatives, resulting in a proposed agreement that the parties sought to have approved as a registered agreement under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the proposed agreement met the criteria for registration, including whether it provided for the fair and reasonable terms and conditions of employment.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, taking into account the principles of good faith bargaining, and whether it met the criteria for registration as a registered agreement. This involved an assessment of the provisions of the agreement, the process by which it was negotiated, and whether the agreement addressed the needs of both parties in a fair and reasonable manner.

In determining whether the agreement met the criteria for registration, the Commission considered the evidence presented by both parties, including the negotiation process, the content of the agreement, and the impact on employees. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was the product of good faith bargaining. The Commission also found that the agreement met all the criteria for registration under the Fair Work Act. As such, the Commission approved the Laminex Bathurst Plant Agreement 2025 as a registered agreement.

The Fair Work Commission approved the Laminex Bathurst Plant Agreement 2025 as a registered agreement under the Fair Work Act. The Commission's decision was based on its finding that the agreement provided for fair and reasonable terms and conditions of employment, and that it was the product of good faith bargaining. The Commission also found that the agreement met all the criteria for registration, including that it addressed the needs of both parties in a fair and reasonable manner. As a result, the agreement is now a registered agreement, and will apply to the employees covered by the agreement.

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