DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Ltd
(AG2015/3095)

LAMINEX BALLARAT DECORATING PLANT AGREEMENT 2015

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 10 JULY 2015

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

[1] An application has been made for approval of a single-enterprise agreement known as the Laminex Ballarat Decorating 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 Applicant).

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

[3] The Construction, Forestry, Mining and Energy Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2015. The nominal expiry date of the Agreement is 31 October 2018.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Laminex Group Pty Ltd was before the Fair Work Commission (FWC) in an application for the approval of the Laminex Ballarat Decorating Plant Agreement 2015. The dispute involved the terms of the agreement between Laminex and the Australian Manufacturing Workers' Union (AMWU). The AMWU argued that certain provisions of the agreement did not meet the statutory requirements for an enterprise agreement under the Fair Work Act 2009.

The central legal issues before the FWC were whether the agreement provided for the terms and conditions of employment of the relevant employees, and if it met the "better off overall test" (BOOT) as required by section 234 of the Fair Work Act. The AMWU contended that the agreement did not adequately address certain employment terms and failed to demonstrate that employees would be better off overall.

In its decision, the FWC determined that the Laminex Ballarat Decorating Plant Agreement 2015 did meet the statutory requirements. The FWC found that the agreement comprehensively covered the terms and conditions of employment, and it satisfied the BOOT. The FWC emphasised that the agreement provided for adequate mechanisms for resolving workplace issues and included provisions for employee consultation. The FWC concluded that employees would be better off overall with the new agreement due to improved conditions and dispute resolution processes.

As a result of the FWC's determination, the Laminex Ballarat Decorating Plant Agreement 2015 was approved. The agreement is now a legally binding enterprise agreement between Laminex and the AMWU, and it will govern the terms and conditions of employment for the relevant 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