DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Ltd t/a Laminex
(AG2015/5157)

LAMINEX PERTH DISTRIBUTION CENTRE AGREEMENT 2015

Timber and paper products industry
COMMISSIONER ROE	MELBOURNE, 12 OCTOBER 2015

Application for approval of the Laminex Perth Distribution Centre Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Laminex Perth Distribution Centre 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. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] 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.

[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 12 October 2015 and, in accordance with s.54, will operate from 19 October 2015. The nominal expiry date of the Agreement is 13 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Laminex Group Pty Ltd, trading as Laminex, applied to the Fair Work Commission for the approval of the Laminex Perth Distribution Centre Agreement 2015. The dispute arose from negotiations between Laminex and its employees represented by the Building and Construction General On-site Construction Union (BCGOSU). The Fair Work Commission was tasked with determining whether the proposed agreement was appropriate for the purposes of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement complied with the Fair Work Act, particularly sections 231 and 232, which require that agreements be "in writing, in plain language and not be misleading". The Commission also had to consider whether the agreement provided for a fair and equitable resolution of the matters in dispute, and whether it was in the best interests of the employees. The Commission needed to examine the fairness of the terms and conditions of employment, and whether there was adequate consultation and negotiation between the parties.

In assessing the agreement, the Commission considered the negotiating history, the fairness of the terms, and the extent to which the agreement addressed the issues in dispute. The Commission found that the proposed agreement was in writing, in plain language, and was not misleading. It was concluded that the agreement was the result of genuine and meaningful negotiations between the parties, and that it provided for a fair and equitable resolution of the matters in dispute. The Commission determined that the agreement was in the best interests of the employees and that it met the requirements of the Fair Work Act.

The Fair Work Commission approved the Laminex Perth Distribution Centre Agreement 2015. The terms of the agreement were to apply to the employees of Laminex at the Perth Distribution Centre, and it was to remain in effect for a period of four years from the date of the approval. The Commission's decision provided certainty for both the employer and the employees and facilitated a resolution to the industrial dispute.

Laminex Group Pty Ltd t/a Laminex

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established