DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Ltd
(AG2015/4509)

LAMINEX BALLARAT COMPONENTRY PLANT AGREEMENT 2015

Timber and paper products industry
COMMISSIONER ROE	MELBOURNE, 8 SEPTEMBER 2015

Application for approval of the Laminex Ballarat Componentry Plant Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Laminex Ballarat Componentry Plant 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. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Construction, Forestry, 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 8 September 2015 and, in accordance with s.54, will operate from 15 September 2015. The nominal expiry date of the Agreement is 31 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Laminex Group Pty Ltd, the Fair Work Commission was asked to consider the approval of the Laminex Ballarat Componentry Plant Agreement 2015. The parties involved in this dispute included Laminex Group Pty Ltd, an employer, and its employees, represented by the Australian Manufacturing Workers' Union. The central issue was whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided fair and reasonable terms and conditions, and if it was genuinely negotiated.

The primary legal issue before the Commission was whether the terms of the proposed agreement met the statutory criteria for approval. The Commission examined whether the agreement provided for minimum terms that were fair and reasonable, and if the agreement was genuinely negotiated between the employer and the union. Additionally, the Commission had to consider if the agreement contained terms that complied with the relevant industrial laws, including provisions on minimum wages, leave entitlements, and other employment conditions.

The Fair Work Commission, in its decision, found that the proposed agreement was fair and reasonable and had been genuinely negotiated. The Commission noted that the agreement provided for a comprehensive set of terms and conditions that addressed various aspects of employment, including wages, leave entitlements, and other workplace matters. The Commission also highlighted that the agreement contained protections for employees and reflected the interests of both the employer and the union. Consequently, the Commission approved the Laminex Ballarat Componentry Plant Agreement 2015, confirming its compliance with the statutory requirements under the Fair Work Act 2009.

As a result of the Commission's approval, the Laminex Ballarat Componentry Plant Agreement 2015 was implemented, providing a framework for the employment terms and conditions of the workers at the Ballarat Componentry Plant. This decision underscored the importance of ensuring that workplace agreements meet the necessary legal standards for fairness and genuine negotiation, thereby protecting the rights of both employers and employees.

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