DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Limited T/A Laminex
(AG2016/6374)

LAMINEX SHEPPARTON BRANCH AGREEMENT 2016

Timber and paper products industry
COMMISSIONER LEE	HOBART, 25 NOVEMBER 2016

Application for approval of the Laminex Shepparton Branch Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Laminex Shepparton 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2016. 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, trading as Laminex, brought an application to the Fair Work Commission for approval of the Laminex Shepparton Branch Agreement 2016. The application arose in the context of enterprise bargaining negotiations. The applicant sought to have the agreement, which had been negotiated and agreed to by the parties, formally approved by the Commission. The agreement sought to regulate the terms and conditions of employment for employees within the Shepparton branch of the company.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for registration and approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided a fair and efficient means of resolving workplace issues, was genuinely negotiated between the parties, and did not contain any provisions that would be contrary to public policy or be otherwise invalid. The Commission also needed to consider whether the agreement contained provisions that would unduly disadvantage any party.

In determining the application, the Commission examined the process by which the agreement was negotiated and concluded that it had been genuinely negotiated between the parties. The Commission found that the agreement contained provisions that were fair and efficient, and did not contravene any statutory provisions or public policy. The Commission also found that no party was unduly disadvantaged by the agreement. Consequently, the Commission approved the Laminex Shepparton Branch Agreement 2016, and it was registered with the Fair Work Commission.

The final orders of the Commission were that the Laminex Shepparton Branch Agreement 2016 be approved and registered as a registered agreement under the Fair Work Act 2009. The agreement was to take effect from the date of registration and would apply to all employees within the Shepparton branch of Laminex. The decision of the Commission was binding on the parties and could not be challenged in any court or tribunal.

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