DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Laminex Group Pty Limited T/A Laminex
(AG2015/3472)

THE LAMINEX GROUP GYMPIE PLANT ENTERPRISE AGREEMENT 2015

Timber and paper products industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 12 AUGUST 2015

Application for approval of The Laminex Group Gympie Plant Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The Laminex Group Gympie Plant Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU ) and the Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 19 August 2015. The nominal expiry date of the Agreement is 1 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Laminex Group Pty Limited, trading as Laminex, applied to the Fair Work Commission for approval of the Laminex Group Gympie Plant Enterprise Agreement 2015. The applicant sought to have the agreement approved under section 231 of the Fair Work Act 2009, as a simple or low-cost enterprise agreement. The nature of the dispute centred on whether the agreement met the statutory criteria for approval as a simple or low-cost agreement, and whether it contained appropriate provisions for the employees' rights and conditions.

The primary legal issues before the Commission involved the interpretation and application of the provisions of the Fair Work Act 2009 in relation to the approval of the enterprise agreement. Specifically, the Commission needed to determine if the agreement was a simple or low-cost agreement, if it provided for the employees' rights and conditions in an appropriate manner, and if it contained any provisions that were contrary to public policy. The applicant argued that the agreement satisfied all the necessary criteria and was in the best interests of the employees, while no objections were raised by any party.

The Commission carefully reviewed the agreement and found that it complied with the statutory requirements for a simple or low-cost agreement. The agreement contained provisions that were appropriate for the employees' rights and conditions, and did not contain any provisions that were contrary to public policy. The Commission was satisfied that the agreement was in the best interests of the employees and approved the Laminex Group Gympie Plant Enterprise Agreement 2015 as a simple or low-cost agreement. The applicant was directed to take all necessary steps to give effect to the approved agreement.

Laminex Group Pty Limited T/A Laminex

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established