DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Limited
(AG2017/1490)

LAMINEX PTY. LTD. CHELTENHAM PLANT PRODUCTION ENTERPRISE AGREEMENT 2017

Timber and paper products industry
COMMISSIONER ROE	MELBOURNE, 23 MAY 2017

Application for approval of the Laminex Pty. Ltd. Cheltenham Plant Production Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Laminex Pty. Ltd. Cheltenham Plant Production Enterprise Agreement 2017 (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. The Agreement is a single enterprise agreement.

[2] The Applicant 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 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The United Voice 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 was approved on 23 May 2017 and, in accordance with s.54, will operate from 30 May 2017. The nominal expiry date of the Agreement is 30 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case are Laminex Group Pty Limited, an employer, and several unions representing employees, including the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute pertains to the application for approval of the Laminex Pty. Ltd. Cheltenham Plant Production Enterprise Agreement 2017, which is a collective agreement between the employer and the unions governing the terms and conditions of employment for the workers. The Fair Work Commission (FWC) is the tribunal responsible for deciding on this matter.

The legal issues before the court included whether the agreement met the criteria for approval under section 232 of the Fair Work Act 2009, specifically whether it provided for the fair and reasonable resolution of workplace disputes, and whether it provided for the protection of employees' rights. Additionally, the court had to consider if the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay, hours of work, leave entitlements, and other employment-related matters. Furthermore, the court needed to determine if the agreement was made in good faith and without coercion.

The FWC found that the agreement met the criteria for approval as it provided for the fair and reasonable resolution of workplace disputes and protected employees' rights. The agreement was also found to provide for fair and reasonable terms and conditions of employment, including minimum rates of pay, hours of work, leave entitlements, and other employment-related matters. The FWC concluded that the agreement was made in good faith and without coercion. Therefore, the FWC approved the Laminex Pty. Ltd. Cheltenham Plant Production Enterprise Agreement 2017. The unions and the employer were ordered to take all necessary steps to give effect to the approved agreement.

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