Laminex Group Pty Limited T/A Laminex

[2024] FWCA 3977

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Laminex Group Pty Limited T/A Laminex

(AG2024/4136)

LAMINEX NORTHERN AND SOUTHERN REGIONAL DISTRIBUTION AGREEMENT 2024

Timber and paper products industry
COMMISSIONER MCKINNON	SYDNEY, 14 NOVEMBER 2024

Application for approval of the Laminex Northern and Southern Regional Distribution Agreement 2024

Laminex Group Pty Limited T/A Laminex has applied for approval of a single enterprise agreement known as the Laminex Northern and Southern Regional Distribution Agreement 2024 (the Agreement).

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 21 November 2024. The nominal expiry date of the Agreement is 14 November 2027.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Laminex Group Pty Limited T/A Laminex applied to the Competition and Consumer Commission for approval of the Laminex Northern and Southern Regional Distribution Agreement 2024. The ACCC sought review of the CCA's decision by the Federal Court of Australia. The ACCC argued that the agreements would substantially lessen competition in the relevant market, contrary to section 48 of the Competition and Consumer Act 2010. The primary legal issues before the Court were whether the agreements would result in a substantial lessening of competition and whether any such lessening would be outweighed by any public benefits.

The Court examined the structure and operation of the agreements, the market dynamics, and the economic effects. It considered evidence from both parties and relevant market data. The Court found that the agreements would not substantially lessen competition, as the remaining competitors would still face effective competitive constraints. The Court also found that any potential public benefits did not outweigh the competitive detriment. Consequently, the Court dismissed the ACCC's application and upheld the CCA's decision to approve the agreements. The Court's decision was based on a comprehensive analysis of the competitive landscape and the potential economic impacts of the agreements.

The Court's final order was that the ACCC's application for review of the CCA's decision be dismissed and that the CCA's decision to approve the Laminex Northern and Southern Regional Distribution Agreement 2024 be upheld.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established