Laminex Group Pty Limited T/A Laminex

[2021] FWCA 7271

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Limited T/A Laminex
(AG2021/8610)

LAMINEX BALLARAT DECORATING PLANT AGREEMENT 2021

Timber and paper products industry
COMMISSIONER LEE	MELBOURNE, 22 DECEMBER 2021

Application for approval of the Laminex Ballarat Decorating Plant Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Laminex Ballarat Decorating Plant Agreement 2021 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Maritime, Mining and Energy Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2021. The nominal expiry date of the Agreement is 31 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this matter, Laminex Group Pty Limited, trading as Laminex, applied to the Fair Work Commission for the approval of the Laminex Ballarat Decorating Plant Agreement 2021. This agreement was made between the employer and the employees of the Ballarat Decorating Plant. The dispute centred around whether the agreement met the necessary standards and requirements under the Fair Work Act 2009 for being made under the simplified registration process.

The legal issues the court had to resolve were whether the agreement contained the essential minimum terms as required by the Fair Work Act, and if it provided fair and reasonable terms for the employees. Additionally, the court needed to determine if the agreement was made without any improper conduct, such as coercion or undue influence. The court also had to consider whether the agreement was consistent with the principles of enterprise bargaining as outlined in the Fair Work Act.

In delivering the decision, the Fair Work Commission examined the content of the agreement and found it to include all the essential minimum terms. The commission noted that the agreement provided for fair and reasonable terms for the employees, including provisions for pay rates, hours of work, and other conditions. The commission also determined that the agreement was made without any improper conduct. The agreement was consistent with the principles of enterprise bargaining, as it was negotiated between the employer and the employees. Consequently, the commission approved the agreement and made the necessary orders to formalise its registration.

The final orders of the commission included the registration of the Laminex Ballarat Decorating Plant Agreement 2021 under the Fair Work Act, ensuring that it would be legally binding on both the employer and the employees. The approval of this agreement marked a significant step in providing a fair and reasonable set of terms for the employees of the Ballarat Decorating Plant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established