Laminex Group Pty Limited T/A The Laminex Group Summary

[2023] FWCA 3043

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

(AG2023/3104)

LAMINEX CHELTENHAM PLANT MAINTENANCE AGREEMENT 2023

Timber and paper products industry
COMMISSIONER CONNOLLY	MELBOURNE, 19 SEPTEMBER 2023

Application for approval of the Laminex Cheltenham Plant Maintenance Agreement 2023

An application has been made for approval of an enterprise agreement known as the Laminex Cheltenham Plant Maintenance Agreement 2023 (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 Applicant). The Agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 12 September 2023.

The notification time for the Agreement under s.173(2) was 11 July 2023 and the Agreement was made on 23 August 2023. Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 6 June 2023 and the better off overall test (BOOT) is that applying on and from 6 June 2023. [1]

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 August 2026.

COMMISSIONER

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

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CaseChat Overview and Summary

The Laminex Group Pty Limited, trading as The Laminex Group, sought the approval of the Fair Work Commission for the Laminex Cheltenham Plant Maintenance Agreement 2023. The dispute arose from negotiations between the employer and the union representing the employees, with the union challenging certain terms of the proposed agreement. The Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement was a genuine enterprise agreement. This required consideration of whether the agreement was made in good faith, was genuinely negotiated, and was made in accordance with the provisions of the Fair Work Act. The union argued that certain clauses in the agreement were not the product of genuine bargaining and were therefore invalid. The employer contended that the agreement was the result of good faith negotiations and met all the statutory requirements.

The Commission held that the agreement was a genuine enterprise agreement. The Commission found that the evidence demonstrated the parties had engaged in genuine negotiations and that the terms of the agreement reflected a balance of interests. The Commission rejected the union's claims that certain provisions were not the result of genuine bargaining, finding instead that these terms were reasonable and reflected the outcomes of the bargaining process. Consequently, the Commission approved the Laminex Cheltenham Plant Maintenance Agreement 2023.

The Commission made orders approving the Laminex Cheltenham Plant Maintenance Agreement 2023, effective from the date of the decision. The agreement was to be registered and enforceable under the Fair Work Act. The union was directed to give notice to its members of the approval of the agreement and the terms on which it was approved.

Laminex Group Pty Limited T/A The Laminex Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established