DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Ltd T/A Laminex Australia
(AG2016/5231)

THE LAMINEX DARDANUP PLANT MAINTENANCE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 22 DECEMBER 2016

Application for approval of The Laminex Dardanup Plant Maintenance Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as The Laminex Dardanup Plant Maintenance 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 Australia. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and 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 want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2016. The nominal expiry date of the Agreement is 3 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Laminex Group Pty Ltd trading as Laminex Australia, who sought approval of The Laminex Dardanup Plant Maintenance Agreement 2016. The matter was heard in the Fair Work Commission, an Australian workplace relations tribunal. The agreement aimed to govern the terms and conditions of employment for maintenance workers at the Dardanup plant. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant industrial legislation and whether it was in the best interests of the employees.

The primary legal issues revolved around whether the agreement met the criteria for an enterprise agreement under the Fair Work Act 2009. Specifically, the Commission needed to ascertain if the agreement covered a genuine enterprise, if it was certified as a simple or low-risk agreement, and whether it contained the necessary terms and conditions as per the legislative requirements. Additionally, the Commission had to consider whether the agreement provided adequate protections for employees and if it was in the best interests of the workers.

In its decision, the Fair Work Commission noted that the agreement was genuinely made by the parties involved and covered a defined enterprise. The Commission found that the agreement was certified and met the criteria for a low-risk agreement. Furthermore, the agreement contained all the required terms and conditions, including provisions on wages, hours of work, and other employment matters. The Commission concluded that the agreement provided adequate protections for the employees and was in their best interests. Consequently, the Fair Work Commission approved the Laminex Dardanup Plant Maintenance Agreement 2016.

The Commission made an order approving The Laminex Dardanup Plant Maintenance Agreement 2016, effective from 1 April 2016, and in force for a period of four years. The decision ensures that the agreement will govern the employment terms of the maintenance workers at the Dardanup plant during this period.

Laminex Group Pty Ltd T/A Laminex Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established