Laminex Group Pty Limited

[2022] FWCA 981

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Laminex Group Pty Limited

(AG2022/721)

Laminex Ballarat Componentry Plant Agreement 2022

Timber and paper products industry
COMMISSIONER CIRKOVIC	MELBOURNE, 22 MARCH 2022

Application for the approval of the Laminex Ballarat Componentry Plant Agreement 2022

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

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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) of the Act I note that the Agreement covers these organisations.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 January 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Laminex Group Pty Limited sought approval from the Fair Work Commission for the Laminex Ballarat Componentry Plant Agreement 2022, which aimed to govern the terms and conditions of employment for its workers at the Ballarat Componentry Plant. The dispute arose from negotiations between Laminex and the Australian Manufacturing Workers' Union, representing the workers. The union contested the proposed agreement, arguing that it did not adequately address certain employment conditions, particularly those related to wages, hours of work, and leave entitlements.

The legal issues before the Commission centred on whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for being a lawful and fair agreement, including whether it provided for a safety net of minimum terms and conditions, facilitated flexibility in the workplace, and was free from coercive conduct. Additionally, the Commission examined whether the agreement provided for appropriate mechanisms to resolve disputes between the parties.

In delivering its decision, the Commission found that the agreement largely complied with the statutory requirements. The Commission noted that the agreement provided for a comprehensive set of minimum terms and conditions that went beyond the provisions of the applicable award. Furthermore, the agreement included provisions for flexible working arrangements and mechanisms for dispute resolution. The Commission concluded that the agreement was not made under any duress or coercion and was thus fair and lawful. Accordingly, the Commission approved the Laminex Ballarat Componentry Plant Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established