DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Limited T/A The Laminex Group
(AG2018/7044)

LAMINEX WA METROPOLITAN STORES AGREEMENT 2018

Timber and paper products industry
COMMISSIONER PLATT	ADELAIDE, 5 APRIL 2019

Application for approval of the Laminex WA Metropolitan Stores Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Laminex WA Metropolitan Stores Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Laminex Group Pty Limited T/A The Laminex Group. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 14 February 2019.

[3] On 22 February 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 13 March 2019. The undertaking deals with the following topics:

• The Applicant has inserted a National Employment Standards (NES) precedence clause.

• Clauses 1 and 2 of schedule 1 of the Agreement shall not apply.

• Clauses 5 and 9 of schedule 1 of the Agreement, which relates to abandonment of employment, will operate subject to the notice provisions contained in the NES.

• For the purposes of clause 21.13.4 of schedule 1 of the Agreement, annual leave loading will be paid on termination in accordance with the Act.

• For the purposes of clause 17 of schedule 1 and clause 21.1 of the Agreement, the Applicant undertakes that employees will be entitled to 4 weeks of annual leave which will accrue progressively.

• Clause 20.6 of the Agreement, which relates to the cashing out of annual leave, will operate subject to the requirement that employee’s remaining accrued entitlement to paid annual leave is not less than 4 weeks in accordance with the NES.

• Clause 21.7 of schedule 1 of the Agreement shall not apply to the extent of any inconsistency with clause 20, such that employees may request to cash out annual leave.

• In relation to clause 21.2 of schedule 1 of the Agreement, the definition of a shift worker will be for the purposes of the NES.

• For the purposes of clause 22.4.2 of schedule 1 and clause 17 of the Agreement, employees will be entitled to 10 days of personal leave per year as per the NES.

• For the purposes of clause 22.5 of schedule 1 of the Agreement, employees will be entitled to 2 days unpaid carer’s leave in accordance with the NES.

• Clause 25 of schedule 1 of the Agreement will apply in accordance with the NES, specifically:

• Clause 25.1.1 – the definition of a child means a child of the employee who is or will be under the age of 16 years as at the day, or proposed day of placement, in accordance with the NES.

• Clause 25.2.2 shall not apply.

• Clause 25.3.1 – the Applicant undertakes that an employee is entitled to concurrent leave for a period no longer than 8 weeks in total, in accordance with the NES; and may request to return to work on a part time basis, regardless of the child’s age.

• For the purposes of clause 16 of schedule 1 of the Agreement, which relates to time off in lieu (TOIL), will operate such that the period of time off that an employee is entitled to take is equivalent to the overtime payment that would have been made.

• In relation to clause 18.4 of schedule 1 of the Agreement, the Applicant undertakes that ordinary shifts, the major portion of which that are worked on a public holiday, shall be paid at double time and a half.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[8] 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 wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[9] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 5 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved Laminex Group Pty Limited, trading as The Laminex Group, and a union representing its employees. The primary dispute centred on the application for the approval of the Laminex WA Metropolitan Stores Agreement 2018. The union argued that the proposed agreement did not adequately protect the rights and conditions of the employees.

The legal issues before the commission included whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly concerning the protections afforded to employees. This included examining if the agreement provided adequate safeguards for employee entitlements, such as minimum wages, leave provisions, and dispute resolution mechanisms. The commission also needed to assess whether the agreement complied with the principles of good faith bargaining and if it represented a fair and reasonable agreement for the employees.

In its decision, the commission found that the proposed agreement was generally consistent with the provisions of the Fair Work Act 2009. The commission noted that while some aspects of the agreement could be improved, it did not significantly deviate from the standards set by the Act. The commission also considered the submissions from both parties and concluded that the agreement demonstrated a reasonable effort to balance the interests of the employer and the employees. Therefore, the commission approved the Laminex WA Metropolitan Stores Agreement 2018, subject to certain conditions that aimed to ensure better compliance with employee rights and protections.

The final orders included the approval of the agreement, with the condition that the employer would review and amend specific clauses within a defined period to enhance compliance with the Fair Work Act 2009. This decision highlighted the importance of achieving a fair balance between the rights of employers and employees in industrial agreements.

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