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

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 Cheltenham Plant Maintenance Agreement 2020. The application was brought under section 231 of the Fair Work Act 2009. The agreement was to cover employees at the Cheltenham plant who were employed in the maintenance of plant and machinery. The dispute centred on whether the proposed agreement was in the public interest and met the criteria for registration as a single-employer agreement.

The primary legal issue before the Fair Work Commission was whether the proposed agreement would be in the public interest, as defined by the Fair Work Act. The Commission had to consider the balance of rights and obligations within the agreement, the process by which it was made, and the overall public interest. The second legal issue was whether the agreement met the statutory criteria for registration, including whether it was a genuine single-employer agreement.

The Fair Work Commission found that the Laminex Cheltenham Plant Maintenance Agreement 2020 was in the public interest. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including provisions for wages, penalty rates, and redundancy. The process by which the agreement was negotiated was also found to be robust, with meaningful engagement between the employer and the employees. The Commission concluded that the agreement met the criteria for registration and would promote harmony, co-operation, and mutual trust and confidence between the parties.

The Fair Work Commission approved the Laminex Cheltenham Plant Maintenance Agreement 2020, and it is now a registered agreement under the Fair Work Act. The approval ensures that the agreement will provide a fair and reasonable framework for the maintenance of plant and machinery at the Cheltenham plant, while also promoting the public interest in industrial relations.

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