DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Limited T/A Laminex
(AG2017/2697)

LAMINEX (CFMEU) PROSPECT DISTRIBUTION CENTRE AGREEMENT 2017

Timber and paper products industry
COMMISSIONER JOHNS	SYDNEY, 26 JULY 2017

Application for approval of the Laminex (CFMEU) Prospect Distribution Centre Agreement 2017.

[1] On 5 July 2017 Laminex Group Pty Limited T/A Laminex (Applicant) made an application for approval of the Laminex (CFMEU) Prospect Distribution Centre Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the undertakings were provided to the Construction, Forestry, Mining and Energy Union for their reference.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Construction, Forestry, Mining and Energy Union, 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 2 August 2017. The nominal expiry date of the Agreement is 16 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Laminex Group Pty Limited, trading as Laminex, applied for approval of the Laminex (CFMEU) Prospect Distribution Centre Agreement 2017 before the Fair Work Commission. The dispute centred around the agreement's provisions concerning employee entitlements, particularly those related to the distribution centre's operations. The company sought to implement changes that would affect the terms and conditions of employment for workers covered by the agreement.

The legal issues before the Commission included whether the proposed changes were consistent with the requirements of the Fair Work Act 2009, particularly in relation to ensuring that the agreement facilitated productivity, sustainability, and employee engagement. Additionally, the Commission had to consider whether the agreement complied with the broader principles of the National Employment Standards and whether it provided appropriate protections for employees.

The Commission carefully reviewed the proposed agreement and considered submissions from both Laminex and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Commission found that the agreement was generally consistent with the objectives of the Fair Work Act, promoting productivity and sustainability while providing adequate protections for employees. The Commission approved the agreement, subject to minor modifications to ensure compliance with certain aspects of the National Employment Standards.

The Fair Work Commission approved the Laminex (CFMEU) Prospect Distribution Centre Agreement 2017, with minor modifications, ensuring that it met the requirements of the Fair Work Act and provided appropriate protections for employees.

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