DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Limited
(AG2016/6341)

LAMINEX HOBART BRANCH AGREEMENT 2016

Tasmania
COMMISSIONER GREGORY	MELBOURNE, 18 NOVEMBER 2016

Application for approval of the Laminex Hobart Branch Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Laminex Hobart Branch Agreement 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2016. The nominal expiry date of the Agreement is 1 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Laminex Group Pty Limited, applied to the Fair Work Commission for approval of the Laminex Hobart Branch Agreement 2016. The primary issue was whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The applicant argued that the agreement was necessary to avoid industrial action and to address the financial sustainability of the Hobart branch.

The court considered whether the agreement was genuinely negotiated, whether it complied with the formal requirements, and whether it provided for fair terms and conditions. It was noted that the agreement was the result of negotiations between the applicant and the relevant union. The court examined the process and concluded that it was genuine and not coerced. The agreement was also found to comply with the formal requirements, including the necessary written form and signatures. Furthermore, the court found that the agreement provided for fair terms and conditions, taking into account the financial situation of the Hobart branch and the need to avoid industrial action.

The court approved the Laminex Hobart Branch Agreement 2016, finding it to be a genuine, properly negotiated agreement that met the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The agreement was approved for a period of three years, from the date of the decision, and the court noted the importance of the agreement in addressing the financial sustainability of the Hobart branch while also preventing industrial action.

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