Laminex Group Pty Ltd T/A Laminex Summary

[2021] FWCA 6460

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Laminex Group Pty Ltd T/A Laminex
(AG2021/7880)

LAMINEX TOOLARA AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 5 NOVEMBER 2021

Application for approval of the Laminex Toolara Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Laminex Toolara Agreement 2021 (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 Limited (the Applicant). The Agreement is a single enterprise agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2021. The nominal expiry date of the Agreement is 31 October 2024.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Laminex Group Pty Ltd, trading as Laminex, who sought approval for the Laminex Toolara Agreement 2021. The matter was heard in the Fair Work Commission. The Toolara Agreement 2021 related to employees covered by the Building and Construction General On-site Award 2010. The dispute centred on the terms of the agreement and whether they complied with the relevant industrial award and the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement met the requirements of the Fair Work Act and the Building and Construction General On-site Award 2010, and whether it provided appropriate protections and benefits for the employees. The Commission had to assess whether the agreement was in the best interests of the employees and if it contained terms that were fair and reasonable. The Commission also needed to determine whether the agreement was made in good faith and whether the parties had genuinely negotiated the terms.

After considering submissions from both parties and relevant industrial laws, the Commission found that the proposed agreement was fair and reasonable, met the requirements of the Fair Work Act and the relevant award, and provided appropriate protections and benefits for the employees. The Commission was satisfied that the agreement was made in good faith and that the parties had genuinely negotiated the terms. Consequently, the Commission approved the Laminex Toolara Agreement 2021.

Laminex Group Pty Ltd T/A Laminex

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established