Laminex Group Pty Limited
[2024] FWCA 2952
•12 AUGUST 2024
| [2024] FWCA 2952 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Laminex Group Pty Limited
(AG2024/2503)
LAMINEX MONKLAND AGREEMENT 2024
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 12 AUGUST 2024 |
Application for approval of the Laminex Monkland Agreement 2024.
An application has been made for approval of an enterprise agreement known as the Laminex Monkland Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Laminex Group Pty Limited. The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 22 January 2024 and the Agreement was made on 28 June 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]
Correspondence was sent to the parties raising a concern regarding patterns of work and their potential impact on the better off overall test (BOOT), in regard to Timber employees who regularly work ordinary hours on weekends. The employer providing details of their rostering arrangement under the Agreement that relevantly satisfied me that timber employees regularly working ordinary hours only or disproportionately on a weekend is not reasonably foreseeable.
I am satisfied for the purpose of s.193A(6), and determine under s.193A(6A), of the Act, that the patterns of work described by the employer are the only patterns that are reasonably foreseeable as that is relevant for the better off overall test.
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Construction, Forestry and Maritime Employees Union (CFMEU), 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) I note that the Agreement covers the organisations.
The Agreement was approved on 12 August 2024 and, in accordance with s.54 of the Act, will operate from 19 August 2024. The nominal expiry date of the Agreement is 17 June 2028.
DEPUTY PRESIDENT
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.
Printed by authority of the Commonwealth Government Printer
<AE525762 PR778205>
0
0
0