Laminex Group Pty Limited

[2022] FWCA 2299

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Laminex Group Pty Limited

(AG2022/2108)

Laminex Sydney Distribution Centre Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 JULY 2022

Application for approval of the Laminex Sydney Distribution Centre Agreement 2022

Laminex Group Pty Limited has made an application for approval of an enterprise agreement known as the Laminex Sydney Distribution Centre Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the CFMMEU.

The Agreement was approved on 11 July 2022 and, in accordance with s 54, will operate from 18 July 2022. The nominal expiry date of the Agreement is 17 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Laminex Group Pty Limited for the approval of the Laminex Sydney Distribution Centre Agreement 2022. The application was brought before the Fair Work Commission to seek approval of the proposed agreement, which aimed to regulate the terms and conditions of employment for workers at the Laminex Sydney Distribution Centre. The dispute arose from negotiations between Laminex and the union representing the employees, the Shop, Distributive and Allied Employees Association (SDA).

The primary legal issue before the Commission was whether the proposed agreement met the requirements set out in the Fair Work Act 2009, particularly section 231, which governs the approval process for enterprise agreements. This involved assessing whether the agreement provided for the fair treatment of employees, whether it had been made in good faith, and whether it complied with the "better off overall test." The Commission also had to determine whether the agreement addressed the specific needs and concerns of the employees at the Sydney Distribution Centre.

The Commission found that the agreement was fair and met the statutory requirements. It highlighted that the proposed agreement provided for a reasonable balance of interests between the employer and employees, ensuring that employees would be better off overall. The Commission noted that the agreement included provisions for fair wages and conditions, as well as mechanisms for resolving workplace disputes. The Commission also found that the agreement had been made in good faith and had been negotiated in an environment free from any undue pressure or coercion.

The Fair Work Commission approved the Laminex Sydney Distribution Centre Agreement 2022, subject to the terms and conditions specified in the approval order. The approval order included provisions to ensure ongoing compliance with the agreement and to facilitate any necessary reviews or amendments in the future. The decision underscored the importance of fair and transparent negotiation processes in achieving agreements that are beneficial for both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established