DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Limited
(AG2019/5166)

LAMINEX WINGFIELD SITE DISTRIBUTION CENTRE AGREEMENT 2019

Storage services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 31 JANUARY 2020

Application for approval of the Laminex Wingfield Site Distribution Centre Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Laminex Wingfield Site Distribution Centre Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Laminex Group Pty Limited (Employer). The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings, 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. The undertakings are taken to be a term of the Agreement.

[4] The Agreement lodged contained a cross referencing error at clause 22.4(g). On 24 January 2020, the Employer filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The United Workers’ Union, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2020. The nominal expiry date of the Agreement is 25 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Laminex Group Pty Limited, sought approval of a site distribution centre agreement from the Fair Work Commission. The proposed agreement, Laminex Wingfield Site Distribution Centre Agreement 2019, aimed to regulate the terms and conditions of employment for approximately 40 employees who would work at the Wingfield distribution centre. The legal issues before the commission included whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions for the employees. The commission needed to determine if the agreement met the criteria for registration and if it appropriately balanced the interests of both the employer and the employees.

In reaching its decision, the commission examined the proposed agreement's provisions against the statutory requirements outlined in the Fair Work Act 2009. The court found that the agreement contained all necessary elements, including the parties' identification, coverage of the agreement, classification of employees, and terms and conditions of employment. The commission also assessed whether the agreement provided fair and reasonable terms and conditions for the employees, taking into account factors such as minimum wage rates, leave entitlements, and dispute resolution mechanisms. The commission concluded that the agreement complied with the statutory requirements and provided fair and reasonable terms and conditions for the employees.

Based on its findings, the commission approved the Laminex Wingfield Site Distribution Centre Agreement 2019. The agreement now binds both the employer and the employees covered by it, and it sets out the terms and conditions of employment for those working at the Wingfield distribution centre. The court's decision ensures that the agreement is legally compliant and provides a fair framework for the employment relationship between the parties.

Laminex Group Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established