Laminex Group Pty Limited T/A Laminex Summary

[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

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.

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

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.

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.

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.

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.

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.

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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CaseChat Overview and Summary

The applicant, Laminex Group Pty Limited trading as Laminex, sought approval from the Fair Work Commission for the Laminex Adelaide Distribution Centre Agreement 2022. The agreement was proposed as a new enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements of the Act and the procedural fairness to the employees represented by the Australian Manufacturing Workers Union.

The primary legal issue before the Commission was whether the agreement had been made in accordance with the legislative requirements and whether it provided for the necessary minimum terms and conditions. The Commission also considered whether there had been procedural fairness in the process of reaching the agreement, including whether the parties had genuinely negotiated the agreement and whether the employees had been adequately informed and consulted.

The Fair Work Commission found that the agreement had been made in accordance with the Fair Work Act. The Commission was satisfied that the agreement provided for the minimum terms and conditions and was made in good faith. The Commission also determined that there had been procedural fairness in the process of reaching the agreement, with evidence of genuine negotiation and adequate consultation with the employees. The Commission approved the Laminex Adelaide Distribution Centre Agreement 2022, and it now forms the basis of the employment conditions for the relevant employees.

The Fair Work Commission's decision provides clarity on the requirements for approving enterprise agreements and the importance of procedural fairness in the negotiation process. The approval of the Laminex Adelaide Distribution Centre Agreement 2022 ensures that the employees covered by the agreement have a fair and legally compliant framework governing their employment conditions.

Laminex Group Pty Limited T/A Laminex

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established