Laminex Group Pty Limited T/A Laminex

[2020] FWCA 2405

[2020] FWCA 2405

FAIR WORK COMMISSION

DECISION

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

Laminex Group Pty Limited T/A Laminex
(AG2020/1118)

LAMINEX MONKLAND AGREEMENT 2020

Timber and paper products industry
COMMISSIONER SPENCER	BRISBANE, 7 MAY 2020

Application for approval of the Laminex Monkland Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Laminex Monkland Agreement 2020 (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 (the Applicant). The Agreement is a single enterprise agreement.

[2] Mr Rohan Webb, State Secretary of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the AMWU wants the Agreement to cover it.

[3] Mr Peter Ong, Divisional Branch Secretary of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), lodged a Form F18 statutory declaration giving notice under s.183 of the Act that the CEPU wants the Agreement to cover it.

[4] Mr Stephen Baker, Divisional Branch Secretary of The Australian Workers’ Union (AWU), lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the AWU wants the Agreement to cover it.

[5] Three Form F18A statutory declarations were filed in relation to the matter by employee bargaining representatives for the Agreement. Of the three, one supported approval of the Agreement and two opposed approval of the Agreement.

[6] The two Form F18A statutory declarations opposing approval of the Agreement raised concerns regarding the employment conditions of Maintenance Electrician Employees and Process Operator Employees. Among other matters, in relation to Maintenance Electrician Employees, the Form F18A stated employees of this class were to receive no direct benefit other than a pay increase, and raised concerns regarding lack of progression plans for electricians for moving up electrical levels.

[7] The Form F18As raised that Process Operator Employees did not support approval of the Agreement as there were issues with the classification structure and module matrix. Specifically, there was no level for 21C Crane Plant when Team Leader Vacant and no module for glue kitchen and G1 & G2 should be split.

[8] I observe that none of these issues caused the Agreement to fail the BOOT.

[9] On Friday 1 May 2020 correspondence was sent to the parties from my Chambers raising these and other concerns I had identified with the Agreement and inviting submissions in reply.

[10] The Applicant provided submissions in reply on 6 May 2020. In their submissions the Applicant said that all stakeholders present at the bargaining table, including the employee representatives who completed the Form F18As, reached an “in principle” agreement prior to a majority of employees accepting the proposed agreement. The Applicant submitted that they were of the view that all matters raised by the employee representatives as detailed within the Form 18A and subsequent communication with the Commission were considered, the matters raised by the employee representatives were discussed and fully ventilated during negotiations, and these matters were either agreed and incorporated or set aside as part of the negotiation and settlement for a new Agreement to cover all employees of which 84% positively voted to accept.

On 7 May 2020, one of the two employee bargaining representatives filed an amended F18A acknowledging that these concerns were raised and discussed as part of the bargaining process. The amended F18A supported approval of the Agreement.

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

[12] The AMWU, CEPU, and AWU, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the AMWU, CEPU, and AWU.

[13] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2020. The nominal expiry date of the Agreement is 6 April 2024.

COMMISSIONER

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