DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Ltd T/A Laminex
(AG2015/968)

LAMINEX WA REGIONAL STORES AGREEMENT 2014

Timber and paper products industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 MAY 2015

Application for approval of the Laminex WA Regional Stores Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Laminex WA Regional Stores Agreement 2014 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The Australian Workers’ 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 4 May 2015 and, in accordance with s.54, will operate from 11 May 2015. The nominal expiry date of the Agreement is 15 October 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Laminex Group Pty Ltd for the approval of the Laminex WA Regional Stores Agreement 2014. The agreement was intended to regulate the terms and conditions of employment for employees within Western Australia's regional stores. The application was brought before the Commission under the Fair Work Act 2009, which mandates the Commission to assess and approve enterprise agreements that meet specific criteria, including ensuring fairness and meeting the requirements for simplicity and clarity.

The legal issues before the Commission involved determining whether the proposed agreement was fair and reasonable in all its terms, and whether it met the statutory requirements for simplicity and clarity. The Commission had to consider the balance of rights and obligations within the agreement, as well as the impact on employees' rights and protections. Additionally, the Commission assessed whether the agreement adequately provided for genuine consultation and negotiation processes, ensuring that it was not made under duress or without proper representation.

In its decision, the Commission carefully examined the provisions of the Laminex WA Regional Stores Agreement 2014. The Commission found that the agreement was fair and reasonable, as it balanced the interests of both the employer and employees. The terms and conditions were deemed to be equitable, providing appropriate protections and benefits to employees while also allowing the employer flexibility in managing the business. Furthermore, the Commission concluded that the agreement met the requirements for simplicity and clarity, with provisions that were easily understandable to the parties involved. The Commission also noted that the process of consultation and negotiation had been conducted appropriately, with no evidence of coercion or lack of representation. Therefore, the Commission approved the agreement, acknowledging its compliance with the legislative requirements.

The final orders of the Commission included the approval of the Laminex WA Regional Stores Agreement 2014, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were required to comply with its terms. The decision provided clarity and legal certainty regarding the agreement's validity and enforceability, ensuring that both the employer and employees could proceed with confidence in the terms agreed upon.

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