DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Ltd T/A Laminex
(AG2016/7678)

LAMINEX WA REGIONAL STORES AGREEMENT 2016

Timber and paper products industry
COMMISSIONER ROE	MELBOURNE, 28 FEBRUARY 2017

Application for approval of the Laminex WA Regional Stores Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Laminex WA Regional Stores Agreement 2016 (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] 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 28 February 2017 and, in accordance with s.54, will operate from 7 March 2017. The nominal expiry date of the Agreement is 15 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Laminex Group Pty Ltd, trading as Laminex, seeking approval of a proposed agreement. This agreement, titled "Laminex WA Regional Stores Agreement 2016," aimed to cover employees in the Western Australian regional stores of Laminex. The crux of the dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues before the court included whether the proposed agreement was genuinely a product of bargaining between the employer and the employees, whether it contained the minimum terms and conditions as stipulated by the Fair Work Act, and whether it adhered to the procedural fairness requirements set forth by the legislation. Additionally, the court examined whether the agreement provided appropriate mechanisms for dispute resolution and whether it was in line with the overall objective of the Act to promote better work and employment outcomes.

The Fair Work Commission, in its decision, analysed the negotiation process and found that the agreement was genuinely negotiated between Laminex and the employee representatives. The court confirmed that the agreement contained all the minimum terms and conditions required by the Fair Work Act and was procedurally fair. Furthermore, it was determined that the agreement provided adequate mechanisms for resolving disputes and aligned with the broader objectives of promoting better work and employment outcomes. Consequently, the Commission approved the proposed agreement, finding it to be in compliance with all legal requirements.

In summary, the Fair Work Commission granted approval for the Laminex WA Regional Stores Agreement 2016, affirming that it met the necessary criteria under the Fair Work Act. This decision ensures that the agreement is legally binding and will govern the employment conditions for the specified employees.

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