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:

CaseChat Overview and Summary

The case before the Fair Work Commission involves Laminex Group Pty Limited, trading as The Laminex Group, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute revolves around the approval of the Laminex Brisbane Distribution Centre Agreement 2019-2022, which seeks to regulate the employment terms and conditions for workers at the Brisbane Distribution Centre. The Commission was tasked with determining whether the agreement should be certified as a simple, low risk, or protected action agreement, as per the Fair Work Act 2009.

The legal issues before the court included whether the agreement met the criteria for a simple, low risk, or protected action agreement, and if it was in the best interests of the employees. The court had to assess the procedural fairness of the agreement, including whether the union had genuinely negotiated the agreement and whether the employees had been adequately informed about the agreement. Furthermore, the court considered whether the agreement's provisions were reasonable and fair, taking into account the balance of rights and obligations for both employers and employees.

In delivering its decision, the Fair Work Commission found that the Laminex Brisbane Distribution Centre Agreement 2019-2022 met the criteria for a protected action agreement. The Commission determined that the agreement was negotiated in good faith by the union and that the employees had been provided with sufficient information to understand the implications of the agreement. The court also found that the agreement's provisions were reasonable and fair, striking an appropriate balance between the rights and obligations of both parties. Consequently, the Commission approved the agreement as a protected action agreement, allowing it to come into effect and govern the employment terms and conditions for workers at the Brisbane Distribution Centre.

The final orders of the Fair Work Commission included the certification of the Laminex Brisbane Distribution Centre Agreement 2019-2022 as a protected action agreement, effective from the date of the decision. The Commission also directed that the agreement be registered with the Fair Work Ombudsman and that the parties provide a copy of the agreement to the employees. Additionally, the court emphasised the importance of ongoing communication and consultation between the employer, union, and employees to ensure the continued effectiveness and relevance of the agreement.

Laminex Group Pty Limited T/A The Laminex Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established