Laminex Group Pty Limited T/A Laminex

[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.

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

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)

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

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.

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

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Laminex Group Pty Limited, trading as Laminex, applied to the Fair Work Commission (FWC) for the approval of the Laminex Melbourne Distribution Centre Agreement 2024. This application was in the context of an enterprise agreement between the employer and its employees working at the Melbourne Distribution Centre. The primary dispute was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement was fairly negotiated and complied with all relevant provisions.

The legal issues the court needed to address included whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, whether it was negotiated in good faith, and whether it met the 'better off overall test' (BOOT). The court also considered whether the agreement contained any unlawful content and whether it was consistent with the principles of the National Employment Standards (NES). Furthermore, the court examined if the agreement adequately provided for the employees' rights and interests.

In reaching its decision, the FWC carefully reviewed the negotiation process and the terms of the proposed agreement. The Commission found that the agreement was fairly negotiated and contained all the mandatory terms as required by the Fair Work Act. It was determined that the agreement met the BOOT and did not contain any unlawful content. The FWC concluded that the agreement was consistent with the NES and appropriately provided for the employees' rights and interests. Consequently, the FWC approved the Laminex Melbourne Distribution Centre Agreement 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established