DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Limited T/A Laminex
(AG2018/4940)

THE LAMINEX GROUP GYMPIE PLANT ENTERPRISE AGREEMENT 2018

Timber and paper products industry
COMMISSIONER GREGORY	MELBOURNE, 21 JANUARY 2019

Application for approval of The Laminex Group Gympie Plant Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as The Laminex Group Gympie Plant Enterprise Agreement 2018 (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 T/A Laminex. 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 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.

[4] The Australian Workers’ Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2019. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Laminex Group Pty Limited, trading as Laminex, and the Australian Manufacturing Workers' Union (AMWU). The AMWU sought approval of the Laminex Group Gympie Plant Enterprise Agreement 2018, which was a proposed agreement intended to govern the employment terms of workers at the Gympie Plant. The application was made to the Fair Work Commission (FWC), which has the authority to approve such agreements if they meet the requirements set out in the Fair Work Act 2009. The primary dispute centred on whether the proposed agreement was in the interests of the employees and met the necessary standards of procedural fairness and substantive fairness.

The legal issues that the FWC had to resolve included whether the agreement was genuinely negotiated, whether the process leading to its creation was fair and transparent, and whether the terms of the agreement were reasonable in the circumstances. The AMWU argued that the agreement was fairly negotiated and was in the best interests of the employees. Laminex, on the other hand, contended that the agreement did not meet the necessary standards and that the process was flawed. The FWC had to carefully consider the evidence presented by both parties and determine whether the proposed agreement was compliant with the relevant legislative requirements.

The FWC determined that the agreement was genuinely negotiated and that the process leading to its creation was fair and transparent. The Commission found that the AMWU had demonstrated a genuine effort to negotiate with Laminex and that the terms of the agreement reflected a balance of interests between the parties. The FWC also concluded that the terms of the agreement were reasonable and in the best interests of the employees, taking into account the economic and commercial factors relevant to the situation. Based on these findings, the FWC approved the Laminex Group Gympie Plant Enterprise Agreement 2018.

The FWC's final orders included the approval of the proposed agreement, subject to certain conditions that aimed to ensure ongoing compliance with the Fair Work Act. The FWC also made orders to ensure that the agreement would be properly communicated to the employees and that any disputes arising under the agreement would be resolved in accordance with the relevant procedures. This decision provided certainty for both the employer and the employees and ensured that the terms of the agreement were fair and reasonable.

Laminex Group Pty Limited T/A Laminex

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established