Laminex Group Pty Limited T/A The Laminex Group

[2019] FWCA 8454

[2019] FWCA 8454

FAIR WORK COMMISSION

DECISION

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

Laminex Group Pty Limited T/A The Laminex Group
(AG2019/4535)

LAMINEX BRISBANE DISTRIBUTION CENTRE AGREEMENT 2019-2022

Timber and paper products industry
COMMISSIONER HUNT	BRISBANE, 17 DECEMBER 2019

Application for approval of the Laminex Brisbane Distribution Centre Agreement 2019-2022.

[1] Laminex Group Pty Limited T/A The Laminex Group (the Employer) has applied for approval of an enterprise agreement known as the Laminex Brisbane Distribution Centre Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the nominated employee bargaining representatives for the Agreement regarding the undertakings. A document signed by each of the employee bargaining representatives was provided to my chambers stating that each of the employee bargaining representatives had reviewed the Employer’s undertakings and agreed to those undertakings. It is not necessary for employee bargaining representatives to agree to undertakings provided by their employer, however it is noted.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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Annexure A: