Laminex Group Pty Limited Trading AS Laminex

[2025] FWCA 2316

[2025] FWCA 2316

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Laminex Group Pty Limited Trading AS Laminex

(AG2025/1854)

LAMINEX SYDNEY DISTRIBUTION CENTRE AGREEMENT 2025

Timber and paper products industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 14 JULY 2025

Application for approval of the Laminex Sydney Distribution Centre Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Laminex Sydney Distribution Centre Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Laminex Group Pty Limited trading as Laminex (the Applicant). The Agreement is a single enterprise agreement.

1. The Applicant has provided a written undertaking (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertaking. The bargaining representatives have indicated their acceptance of the undertaking provided. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

1. The Agreement includes a clause dealing with employee representation. However, I consider that the clause taken as a whole is less favourable than the delegates’ rights clause in the relevant modern award for the purposes of s.205A(2) of the Act. In accordance with s.201(1A), I note that clause 33A, Workplace delegates’ rights, in the Timber Industry Award 2020 is to be taken to be a term of the Agreement. This issue was raised with the Applicant and the Construction, Forestry and Maritime Employees Union (CFMEU) being a bargaining representative for the Agreement. Those parties have foreshadowed a consent application to vary the workplace delegates’ rights clause to include additional agreed beneficial provisions in this clause as reflected in the clause as originally proposed and additional documentation provided in response to initial concerns raised about this issue.

1. Having regard to the supporting material and the undertaking referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as is relevant to this application for approval has been met. The undertaking is taken to be a term of the Agreement.

1. I note that Clause 6(a) of the Agreement provides that if a term of this agreement is found to be inconsistent with the National Employment Standards (NES), then the more beneficial terms of the NES will take precedence to the extent of the inconsistency.

1. The CFMEU lodged a Form F18 statutory declaration giving 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 the Agreement covers the CFMEU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 14 July 2028 (3 years from approval date).

DEPUTY PRESIDENT

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Annexure A