DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Ltd T/A Laminex
(AG2015/7055)

LAMINEX WA METROPOLITAN STORES AGREEMENT 2015

Timber and paper products industry
COMMISSIONER ROE	MELBOURNE, 13 JANUARY 2016

Application for approval of the Laminex WA Metropolitan Stores Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Laminex WA Metropolitan Stores Agreement 2015 (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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Mining and Energy 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.

[5] The Agreement was approved on 13 January 2016 and, in accordance with s.54, will operate from 20 January 2016. The nominal expiry date of the Agreement is 5 November 2018.

COMMISSIONER

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 WA Metropolitan Stores Agreement 2015. The agreement sought to govern the terms and conditions of employment for employees working in the metropolitan stores of Laminex in Western Australia. The dispute centred on whether the proposed agreement provided adequate protections and benefits for the employees, and whether it complied with the relevant legislative requirements.

The primary legal issues before the Commission were whether the agreement met the statutory criteria for approval, including whether it provided for minimum rates of pay, penalty rates, leave entitlements, and other conditions of employment that were no less favourable than the applicable award or registered agreement. The Commission also needed to determine whether the agreement provided for a proper process for resolving disputes between the parties and whether it allowed for the protection of employees' rights.

The Commission found that the Laminex WA Metropolitan Stores Agreement 2015 provided for minimum rates of pay, penalty rates, and leave entitlements that were no less favourable than the applicable award or registered agreement. The Commission also found that the agreement provided for a proper process for resolving disputes and allowed for the protection of employees' rights. The Commission approved the agreement, noting that it met the statutory criteria for approval and provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Commission made an order approving the Laminex WA Metropolitan Stores Agreement 2015, which will now apply to the employees covered by the agreement. The order is effective from the date of the Commission's decision and will remain in force until the earlier of the agreement's expiry or termination in accordance with its terms. The approval of the agreement ensures that the employees covered by it will receive fair and reasonable terms and conditions of employment, and that their rights and interests are protected.

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