DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Limited T/A Laminex
(AG2016/6379)

LAMINEX WINGFIELD SITE DISTRIBUTION CENTRE AGREEMENT 2016

Timber and paper products industry
COMMISSIONER LEE	MELBOURNE, 2 DECEMBER 2016

Application for approval of the Laminex Wingfield Site Distribution Centre Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Laminex Wingfield Site Distribution Centre 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] The Applicant 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2016. The nominal expiry date of the Agreement is 25 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the Laminex Group Pty Limited T/A Laminex sought approval from the Fair Work Commission for the Laminex Wingfield Site Distribution Centre Agreement 2016. The dispute arose from the negotiation of a new enterprise agreement for employees working at the Laminex Wingfield distribution centre. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was made in good faith, whether it provided for the proper protection of employees' rights, and whether it complied with the procedural requirements for approval. The Commission needed to assess the fairness and reasonableness of the agreement, including its impact on employee entitlements and the process by which it was negotiated. Additionally, the Commission had to consider if any provisions in the agreement unfairly disadvantaged employees.

The Commission found that the agreement was made in good faith and did not unfairly disadvantage employees. It concluded that the agreement adequately protected employees' rights and provided for their proper entitlements. The Commission also determined that the process by which the agreement was negotiated complied with the necessary procedural requirements. Given these findings, the Commission approved the Laminex Wingfield Site Distribution Centre Agreement 2016, allowing it to be implemented as a binding enterprise agreement.

The final orders of the Commission were that the Laminex Wingfield Site Distribution Centre Agreement 2016 be approved and registered as a valid enterprise agreement under the Fair Work Act 2009. This decision provided certainty and legal recognition to the terms and conditions set out in the agreement, facilitating the ongoing employment relationship between Laminex and its employees at the Wingfield site.

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