Laminex Group Pty Limited T/A Laminex

[2022] FWCA 3558

[2022] FWCA 3558

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Laminex Group Pty Limited T/A Laminex

(AG2022/4163)

Laminex Adelaide Distribution Centre Agreement 2022

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 13 OCTOBER 2022

Application for approval of the Laminex Adelaide Distribution Centre Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the Laminex Adelaide Distribution Centre Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Laminex Group Pty Limited T/A Laminex (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 11 October 2022 and was determined on the papers.

1. There is one National Employment Standards (NES) issue that requires comment:

·   Clause 35 of the Agreement provides that protective clothing and other equipment shall remain the property of the company, and the company may make deductions to final wages from any employee leaving the company’s service who fails to return any protective clothing or equipment the property of the company. To the extent this allows the company to make deductions from entitlements owed to the employee under the NES (such as notice of termination), it will be inconsistent with Chapter 2 Part 2.2 Division 2 of the Act.

1. Clause 6.3(b) of the Agreement acts as an effective NES precedence clause, in that it states that if a term of the Agreement is found to be inconsistent with the NES, then the more beneficial term of the NES will take precedence to the extent of the inconsistency. As a result of the NES precedence clause, clause 35 will not apply to the extent that it is inconsistent with the NES.

1. In addition, it is noted that clause 35 of the Agreement will not apply to the extent it is inconsistent with ss.324-326 of the Act.

1. The United Workers’ Union (UWU), 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) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 9 September 2025.

COMMISSIONER

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