Laminex Group Pty Limited Summary

[2021] FWCA 5881

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Limited
(AG2021/7040)

LAMINEX BATHURST PLANT AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 20 SEPTEMBER 2021

Application for approval of the Laminex Bathurst Plant Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Laminex Bathurst Plant Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Laminex Group Pty Limited (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2021. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Laminex Group Pty Limited and the Australian Manufacturing Workers' Union (AMWU). The dispute centred around an application for the approval of the Laminex Bathurst Plant Agreement 2021. The Fair Work Commission was the court that heard the case. The AMWU contested the approval of the agreement, raising concerns about several provisions that they believed were detrimental to the employees' interests.

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act 2009, particularly regarding the terms and conditions of employment. The Commission had to determine if the agreement provided adequate protection for the employees' rights and whether it met the standards set by the Act. Additionally, the Commission needed to assess the fairness of the agreement in light of the parties' bargaining positions and the overall impact on the employees.

The Commission found that while the agreement contained several provisions that were beneficial to the employees, there were others that did not meet the standards required by the Act. The Commission focused on the provisions related to shift patterns, annual leave, and the handling of disputes. After considering the submissions from both parties, the Commission ruled that certain provisions were unfair and not in compliance with the Act. Consequently, the Commission approved the agreement with modifications to address the identified issues. These modifications aimed to ensure that the agreement better protected the employees' rights and aligned with the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the Laminex Bathurst Plant Agreement 2021, subject to the modifications made to the shift patterns, annual leave, and dispute resolution provisions. These changes were designed to ensure that the agreement was fair and compliant with the Fair Work Act 2009, thereby protecting the rights and interests of the employees.

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