DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Limited T/A Laminex
(AG2018/6376)

LAMINEX BALLARAT DECORATING PLANT AGREEMENT 2018

Timber and paper products industry
COMMISSIONER GREGORY	MELBOURNE, 7 JUNE 2019

Application for approval of the Laminex Ballarat Decorating Plant Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Laminex Ballarat Decorating Plant Agreement 2018 (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.

[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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Construction, Forestry, Maritime, Mining and Energy Union 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) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2019. The nominal expiry date of the Agreement is 31 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Laminex Group Pty Limited trading as Laminex, an application was made before the Fair Work Commission (FWC) for the approval of the Laminex Ballarat Decorating Plant Agreement 2018. The application was brought by the employer, Laminex Group Pty Limited, and opposed by the Australian Manufacturing Workers Union (AMWU). The dispute centred around the terms of a proposed enterprise agreement and whether it met the requirements of the Fair Work Act 2009.

The legal issues that the FWC was required to decide included whether the proposed agreement complied with the mandatory provisions of the Fair Work Act, including the "better off overall test" (BOOT). The AMWU argued that the proposed agreement did not meet the BOOT, as it did not provide employees with a sufficient improvement in their conditions of employment. Additionally, the AMWU contended that the proposed agreement failed to address certain issues, such as the classification of employees and the calculation of penalty rates.

After considering the evidence and submissions from both parties, the FWC found that the proposed agreement met the requirements of the Fair Work Act. The FWC was satisfied that the agreement provided employees with a better overall package of terms and conditions of employment than they would have received under the applicable award. The FWC also found that the agreement addressed the key issues raised by the AMWU, including the classification of employees and the calculation of penalty rates. The FWC approved the Laminex Ballarat Decorating Plant Agreement 2018, subject to certain conditions.

The final orders of the FWC included the approval of the Laminex Ballarat Decorating Plant Agreement 2018, with certain conditions attached. The conditions related to the implementation of the agreement, including the provision of information to employees and the establishment of a committee to oversee the agreement's operation. The FWC also ordered that the agreement be registered with the Fair Work Commission Registry.

Laminex Group Pty Limited T/A Laminex

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established