Laminex Group Pty Limited T/A Laminex

[2025] FWCA 59

[2025] FWCA 59

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Laminex Group Pty Limited T/A Laminex

(AG2024/4866)

LAMINEX MELBOURNE DISTRIBUTION CENTRE AGREEMENT 2024

Timber and paper products industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 15 JANUARY 2025

Application for approval of the Laminex Melbourne Distribution Centre Agreement 2024.

1. An application has been made for approval of an enterprise agreement to be known as the Laminex Melbourne Distribution Centre Agreement 2024 (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 T/A Laminex (Employer). The Agreement is a single enterprise agreement.

Application brought out of time

1. The Agreement was filed with the Commission on 9 December 2024.  Section 185(3) of the Act provides that an enterprise agreement must be filed with the Commission for approval within 14 days of it being made (i.e. approved by relevant employees), or within such time as the Commission allows if it considers it fair to extend the time period for lodgement.  Given the Agreement was made on 22 November 2024, it ought to have been filed by 6 December 2024.  The Employer has made submissions that detail the circumstances as to why the Agreement was filed outside of the 14-day period.  In the circumstances of this Application, and having regard to the circumstances outlined by the Employer, I do consider it fair to extend the period in which this Application (for approval of an enterprise agreement) was filed with the Commission to 9 December 2024.

Coverage of employee organisation(s)

1. The Construction, Forestry and Maritime Employees Union (CFMEU) has given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

1. I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2025. The nominal expiry date of the Agreement is 15 January 2028.

DEPUTY PRESIDENT

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