Laminex Group Pty Limited T/A Laminex Australia

[2021] FWCA 6316

[2021] FWCA 6316

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Limited T/A Laminex Australia
(AG2021/7700)

LAMINEX MELBOURNE DISTRIBUTION CENTRE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 18 OCTOBER 2021

Application for approval of the Laminex Melbourne Distribution Centre Agreement 2021

[1] Laminex Group Pty Limited T/A Laminex Australia (the Employer) has made an application for approval of an enterprise agreement known as the Laminex Melbourne Distribution Centre Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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] I observe that clause 28 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6(a)(iii) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 18 October 2021 and, in accordance with s 54, will operate from 25 October 2021. The nominal expiry date of the Agreement is 22 October 2024.

DEPUTY PRESIDENT

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