Laminex Group Pty Ltd T/A Laminex
[2024] FWCA 1603
•2 MAY 2024
| [2024] FWCA 1603 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Laminex Group Pty Ltd T/A Laminex
(AG2024/1200)
LAMINEX NSW & ACT REGIONAL DISTRIBUTION AGREEMENT 2024
| Manufacturing and associated industries | |
| COMMISSIONER CONNOLLY | MELBOURNE, 2 MAY 2024 |
Application for approval of the Laminex NSW & ACT Regional Distribution Agreement 2024
An application has been made for approval of an enterprise agreement known as the Laminex NSW & ACT Regional Distribution Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Laminex Group Pty Ltd T/A Laminex. The Agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 17 April 2024.
The notification time for the Agreement under s.173(2) was 25 January 2024 and the Agreement was made on 28 March 2024. Accordingly, both the genuine agreement and the better off over all test (BOOT) requirements are those applying on and from 6 June 2023.[1]
On 18 April 2024, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.
The Employer has provided written undertakings dated 26 April 2024. 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. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.
The Construction, Forestry and Maritime Employees 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date of the Agreement is 1 April 2027.
COMMISSIONER
Annexure A
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.
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