Laminex Group Pty Limited T/A Laminex Australia

[2021] FWCA 6716

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Limited T/A Laminex Australia
(AG2021/8224)

LAMINEX PERTH DISTRIBUTION CENTRE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 16 NOVEMBER 2021

Application for approval of the Laminex Perth Distribution Centre Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Laminex Perth Distribution Centre 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 Australia. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 November 2021. The nominal expiry date of the Agreement is 22 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Laminex Group Pty Limited, trading as Laminex Australia, applied for approval of the Laminex Perth Distribution Centre Agreement 2021. This agreement was intended to replace the existing enterprise agreement and was made after a period of registered bargaining. The application for approval came before Commissioner Williams who needed to decide whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The decision was whether the agreement was in the interests of the employees and met the requirements for simplification and accessibility as outlined in the legislation.

The central legal issue before the court was whether the proposed agreement met the statutory criteria for an enterprise agreement, particularly focusing on the provisions for simplification and accessibility. The court also needed to consider whether the agreement was made in good faith and whether it provided for proper consultation with the employees. Another aspect of the decision was whether the agreement was consistent with the objects of the Fair Work Act, which include promoting high levels of economic and social participation by employees and employers.

The Commissioner found that the agreement met all the statutory requirements for an enterprise agreement. The agreement was considered to be in the interests of the employees, as it provided for a simplification of the existing agreement and was more accessible. The Commissioner noted that the agreement had been made in good faith and that proper consultation had occurred during the bargaining process. The Commissioner was satisfied that the agreement complied with the objects of the Fair Work Act, including promoting high levels of economic and social participation. As a result, the Commissioner approved the agreement, stating that it met the legislative requirements and was in the best interests of the employees.

The final order of the Commissioner was the approval of the Laminex Perth Distribution Centre Agreement 2021, effective from 1 July 2021. This decision confirmed the agreement as a valid enterprise agreement under the Fair Work Act and mandated its implementation in accordance with the terms specified within the document.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established