Laminex Group Pty Ltd T/A Laminex

[2021] FWCA 2178

[2021] FWCA 2178

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Ltd T/A Laminex
(AG2021/4599)

LAMINEX CHELTENHAM PLANT MAINTENANCE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 20 APRIL 2021

Application for approval of the Laminex Cheltenham Plant Maintenance Agreement 2020.

[1] Laminex Group Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the Laminex Cheltenham Plant Maintenance Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the 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] I observe that clauses 24(a), 25.1(e)(i), 27(d) and (e), 28, 30(e) and 39.1, of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6(a) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 20 April 2021 and, in accordance with s 54, will operate from 27 April 2021. The nominal expiry date of the Agreement is 31 August 2023.

DEPUTY PRESIDENT

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