Laminex Group Pty Ltd

[2013] FWCA 8004

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Ltd
(AG2013/10678)

THE LAMINEX GROUP BENDIGO BRANCH AGREEMENT 2013

Timber and paper products industry
COMMISSIONER RYAN	MELBOURNE, 11 OCTOBER 2013

Application for approval of The Laminex Group Bendigo Branch Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as The Laminex Group Bendigo Branch Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by The Laminex Group Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 18 October 2013. The nominal expiry date of the Agreement is 1 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

In the Fair Work Commission, Laminex Group Pty Ltd applied for the approval of The Laminex Group Bendigo Branch Agreement 2013. The application was made under the Fair Work Act 2009, seeking to have the agreement registered as a registered agreement. The dispute centred on the validity and enforceability of the agreement, which was intended to govern the terms and conditions of employment for employees at the Bendigo branch of Laminex Group Pty Ltd.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act and whether it complied with the procedural requirements set by the Commission. Specifically, the Commission had to consider whether the agreement was genuinely negotiated and whether it was in the best interests of the employees it covered. Furthermore, the Commission needed to determine if the agreement included all the mandated minimum terms and conditions, and if it did so in a manner that was fair and reasonable.

In its decision, the Commission examined the evidence provided regarding the negotiation process and the content of the agreement. The Commission found that the agreement had been genuinely negotiated between the employer and the employees' representatives and that it contained all the required minimum terms and conditions. The Commission also concluded that the agreement was fair and reasonable in all its aspects, taking into account the specific circumstances of the employees at the Bendigo branch. Consequently, the Commission approved the application and registered The Laminex Group Bendigo Branch Agreement 2013 as a registered agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established