DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Limited T/A Laminex
(AG2016/6390)

LAMINEX WODONGA BRANCH AGREEMENT 2016

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

Application for approval of the Laminex Wodonga Branch Agreement 2016.

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

In the Fair Work Commission, Laminex Group Pty Limited, trading as Laminex, applied for the approval of the Laminex Wodonga Branch Agreement 2016. This application arose in the context of negotiations between Laminex and the Australian Manufacturing Workers' Union, which aimed to establish a new enterprise agreement for the employees of the Wodonga Branch. The dispute centred around the terms and conditions of employment, including wages, hours of work, and other related matters, which had not been successfully negotiated between the parties.

The primary legal issues before the Commission were whether the proposed agreement met the requirements for approval under the Fair Work Act 2009, and whether it was in the best interests of the employees. This involved assessing the agreement against statutory criteria, including whether it provided for a safety net of minimum entitlements, facilitated efficient workplace practices, and was free from provisions that could undermine industrial harmony. Additionally, the Commission considered whether the agreement had been made in good faith and whether it provided for proper consultation and negotiation processes.

The Commission found that the proposed agreement complied with the statutory requirements and was in the best interests of the employees. It determined that the agreement provided for a safety net of minimum entitlements and facilitated efficient workplace practices, without undermining industrial harmony. The Commission also concluded that the agreement had been made in good faith and that proper consultation and negotiation processes had been followed. Therefore, the application for approval was granted.

The Commission approved the Laminex Wodonga Branch Agreement 2016, effective from 1 July 2016, and directed that it be registered with the Fair Work Commission. This decision provided a framework for the terms and conditions of employment for the employees of the Wodonga Branch, ensuring that they were covered by a modern award or agreement, and resolved the dispute between the parties.

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