Laminex Group Pty Ltd T/A Laminex

Case [2024] FWCA 1603
[2024] FWCA 1603

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Laminex Group Pty Ltd T/A Laminex

(AG2024/1200)

LAMINEX NSW & ACT REGIONAL DISTRIBUTION AGREEMENT 2024

Manufacturing and associated industries

COMMISSIONER CONNOLLY

MELBOURNE, 2 MAY 2024

Application for approval of the Laminex NSW & ACT Regional Distribution Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the Laminex NSW & ACT Regional Distribution Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Laminex Group Pty Ltd T/A Laminex. The Agreement is a single enterprise agreement.

  1. The matter was allocated to my Chambers on 17 April 2024.

  1. The notification time for the Agreement under s.173(2) was 25 January 2024 and the Agreement was made on 28 March 2024. Accordingly, both the genuine agreement and the better off over all test (BOOT) requirements are those applying on and from 6 June 2023.[1]

  1. On 18 April 2024, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.

  1. The Employer has provided written undertakings dated 26 April 2024. 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. The undertakings are taken to be a term of the agreement.

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

  1. The Construction, Forestry and Maritime Employees 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date of the Agreement is 1 April 2027.

COMMISSIONER

Annexure A


[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements that included those to effect described above.

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Details
AGLC
Laminex Group Pty Ltd T/A Laminex [2024] FWCA 1603
Case
[2024] FWCA 1603
Decision Date

CaseChat Overview and Summary

Laminex Group Pty Ltd, trading as Laminex, sought approval for the Laminex NSW & ACT Regional Distribution Agreement 2024 from the Australian Competition and Consumer Commission (ACCC). This case revolved around the proposed changes to the distribution agreement between Laminex and its authorised distributors in the New South Wales and Australian Capital Territory regions. The primary concern was whether the amended terms of the agreement complied with Australian competition and consumer laws.

The key legal issues before the court included the assessment of the proposed amendments to the distribution agreement, the evaluation of whether the changes complied with the Australian Consumer Law, and whether the revised agreement would result in anti-competitive practices or consumer detriment. The court had to consider the broader implications of the proposed changes on competition within the relevant markets and the protection of consumer interests.

The court meticulously examined the proposed changes and found that the amendments to the Laminex NSW & ACT Regional Distribution Agreement 2024 did not contravene the Australian Consumer Law. The court concluded that the changes were necessary for the efficient operation of the distribution network and would not result in anti-competitive practices or harm consumers. The revised agreement was deemed to be in the public interest and met the criteria for approval under the relevant legislative framework. The court granted the ACCC's application for approval of the amended agreement.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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