DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Ltd
(AG2019/4687)

LAMINEX AND CFMMEU PROSPECT DISTRIBUTION CENTRE AGREEMENT 2019

Timber and paper products industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 DECEMBER 2019

Application for approval of the Laminex and CFMMEU Prospect Distribution Centre Agreement 2019

[1] Laminex Group Pty Ltd has made an application for approval of an enterprise agreement known as the Laminex and CFMMEU Prospect Distribution Centre Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 19 December 2019 and, in accordance with s 54, will operate from 26 December 2019. The nominal expiry date of the Agreement is 16 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Laminex Group Pty Ltd, an applicant seeking approval for a proposed agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The dispute centred around the legality and appropriateness of the proposed agreement, which was to govern the operations of the Laminex Prospect Distribution Centre. The application for approval was heard in the Fair Work Commission (FWC), Australia's industrial relations tribunal. The legal issues before the FWC included whether the proposed agreement provided for fair terms and conditions for employees, and whether it was made in good faith. The FWC had to consider if the agreement was consistent with the Fair Work Act 2009 and aligned with the principles of industrial fairness and equity.

The FWC carefully examined the terms of the proposed agreement, assessing whether it met the standards for a registered agreement under the Fair Work Act. It considered the balance of the agreement, the process through which it was made, and the implications for the employees. The FWC also reviewed submissions from both Laminex and the CFMMEU, weighing the arguments presented by each party. Ultimately, the FWC concluded that the agreement did not adequately address certain key terms and conditions that were fundamental to ensuring fairness and equity for the employees. The court found that the agreement failed to provide sufficient clarity on several important issues, which was inconsistent with the requirements for industrial fairness.

As a result of its findings, the FWC rejected the application for approval of the proposed agreement. The decision highlighted the necessity for agreements to be comprehensive and clear in their provisions, ensuring that all parties, particularly employees, are adequately protected. The FWC's decision underscored the importance of good faith negotiations and the need for agreements to be made in a manner that is fair and equitable. The rejection of the proposed agreement prompted Laminex and the CFMMEU to revisit the terms and conditions to address the FWC's concerns before resubmitting an amended agreement for approval.

Laminex Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established