Laminex Group Pty Limited T/A Laminex Australia

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Laminex Group Pty Limited trading as Laminex Australia, the company applied for the approval of an agreement concerning its Melbourne Distribution Centre. The matter was heard in the Fair Work Commission, where the company sought to have the Laminex Melbourne Distribution Centre Agreement 2021 approved under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the workers at the distribution centre and the process for approving the agreement under the relevant industrial legislation.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval. This involved an examination of whether the agreement was made in good faith, was free from any improper conduct, and contained the necessary terms for employee protection. Additionally, the Commission had to consider whether the agreement was genuinely negotiated and whether it provided appropriate mechanisms for resolving disputes between the employer and employees.

The Commission found that the Laminex Melbourne Distribution Centre Agreement 2021 was negotiated in good faith and contained the requisite terms for employee protection. The evidence presented indicated that the agreement was not the result of any improper conduct and included appropriate dispute resolution mechanisms. Consequently, the Commission concluded that the agreement met the legislative criteria for approval. The Commission approved the agreement, ensuring that the workers at the Melbourne Distribution Centre would be covered by the terms and conditions outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established