Laminex Group Pty Ltd Summary

[2016] FWCA 42

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Laminex Group Pty Ltd t/a Laminex Australia

(AG2015/6979)

THE LAMINEX DARDANUP PLANT PRODUCTION AGREEMENT

2015

Timber and paper products industry

COMMISSIONER GREGORY

MELBOURNE, 5 JANUARY 2016

Application for approval of The Laminex Dardanup Plant Production Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as The

Laminex Dardanup Plant Production Agreement 2015 (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 Ltd t/a Laminex Australia. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is

attached in Annexure A. 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ 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) I note that the Agreement covers the organisation.
[2016] FWCA 42

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

12 January 2016. The nominal expiry date of the Agreement is 4 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 42

Annexure A

CaseChat Overview and Summary

Laminex Group Pty Ltd t/a Laminex Australia applied to the Fair Work Commission for the approval of an enterprise agreement titled The Laminex Dardanup Plant Production Agreement 2015. The applicant sought the court's approval under section 185 of the Fair Work Act 2009. The agreement was submitted for approval by the Commission to ensure its compliance with the legislative requirements set forth by the Act.

The legal issues before the court were whether the application for approval of the enterprise agreement met the criteria set by sections 186, 187, 188, and 190 of the Fair Work Act 2009. Additionally, the court had to consider if the agreement would cause financial detriment to any employee or result in substantial changes to the agreement. The court also had to ensure that the agreement was in line with the model consultation term prescribed by the Fair Work Regulations 2009. Furthermore, the court had to verify if the Australian Workers’ Union, a bargaining representative for the agreement, wanted the agreement to cover it, and if it did, whether the agreement covered the organisation.

The court found that the application met all the requirements of sections 186, 187, 188, and 190 of the Fair Work Act 2009, as relevant to this application for approval. The court was satisfied that the written undertakings provided by the applicant would not cause financial detriment to any employee covered by the agreement and would not result in substantial changes to the agreement. Additionally, the court found that the model consultation term prescribed by the Fair Work Regulations 2009 was a term of the agreement. The Australian Workers’ Union had given notice under section 183 of the Act that it wanted the agreement to cover it, and the court found that the agreement covered the organisation.

The court approved the agreement and, in accordance with section 54 of the Act, it will operate from 12 January 2016. The nominal expiry date of the agreement is 4 September 2017.

Laminex Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established