DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Ltd T/A Laminex Australia
(AG2017/4214)

THE LAMINEX DARDANUP PLANT PRODUCTION AGREEMENT 2017

Timber and paper products industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 JANUARY 2018

Application for approval of The Laminex Dardanup Plant Production Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as The Laminex Dardanup Plant Production Agreement 2017 (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] The Australian Workers’ Union (AWU) 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 is approved and, in accordance with s.54 of the Act, will operate from 19 January 2018. The nominal expiry date of the Agreement is 4 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

Laminex Group Pty Ltd, trading as Laminex Australia, sought approval for The Laminex Dardanup Plant Production Agreement 2017 from the Fair Work Commission. The agreement, which aimed to establish new employment terms for certain employees, was contested by the Australian Manufacturing Workers' Union. The central dispute revolved around the implications of the proposed changes to the employees' working conditions, entitlements, and the overall impact on the workforce.

The legal issues before the Commission included whether the proposed changes in the agreement complied with the relevant industrial relations laws and whether they provided adequate protections for the employees. Specifically, the court needed to determine if the new terms were consistent with the principles of good faith bargaining and whether they adequately balanced the interests of the employer and employees. The Commission also had to assess if the agreement provided sufficient safeguards against potential detriment to the employees.

In delivering the decision, the Fair Work Commission emphasised the importance of good faith in industrial relations processes. The Commission found that the proposed changes in the agreement were in line with the relevant legislative provisions and were the result of genuine negotiations between the parties. The Commission concluded that the agreement was fair and reasonable, offering appropriate protections and benefits to the employees. Consequently, the Commission approved the Laminex Dardanup Plant Production Agreement 2017, allowing it to come into effect as per its terms.

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