DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Limited T/A Laminex
(AG2017/1000)

LAMINEX GEELONG BRANCH AGREEMENT 2016

Timber and paper products industry
COMMISSIONER ROE	MELBOURNE, 21 APRIL 2017

Application for approval of the Laminex Geelong Branch Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Laminex Geelong 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 T/A Laminex. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 21 April 2017 and, in accordance with s.54, will operate from 28 April 2017. The nominal expiry date of the Agreement is 1 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Laminex Group Pty Limited T/A Laminex brought an application to the Fair Work Commission for the approval of the Laminex Geelong Branch Agreement 2016. The application sought to finalise a workplace agreement between the employer and its employees at the Geelong branch, which would provide for the terms and conditions of employment for the workforce. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was made in good faith and whether it contained appropriate provisions for the protection of employee rights and interests. The Commission also needed to determine if the agreement was consistent with the national system for the resolution of industrial matters and if it provided fair and reasonable terms for the employees. The employer argued that the agreement was fair and reasonable and reflected a good-faith negotiation process. The employees, represented by a union, contended that the agreement did not adequately protect their rights and interests.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, concluded that the Laminex Geelong Branch Agreement 2016 was made in good faith and met the necessary requirements under the Fair Work Act 2009. The Commission found that the agreement contained appropriate provisions for the protection of employee rights and interests and was consistent with the national system for the resolution of industrial matters. The Commission approved the agreement, noting that it provided fair and reasonable terms for the employees.

The Commission's decision was based on the comprehensive review of the agreement's provisions, the evidence of good-faith negotiations, and the overall balance of the terms and conditions provided to the employees. The Commission emphasised the importance of ensuring that workplace agreements adequately protect employees' rights and interests while also promoting good-faith bargaining between employers and employees. The approval of the Laminex Geelong Branch Agreement 2016 was a significant step in finalising the terms and conditions of employment for the workforce at the Geelong branch.

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