Laminex Group Pty Ltd T/A The Laminex Group

[2013] FWCA 8773

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Ltd T/A The Laminex Group
(AG2013/11082)

THE LAMINEX GROUP GOLD COAST BRANCH AGREEMENT 2013-2016

Timber and paper products industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 18 NOVEMBER 2013

Application for approval of the The Laminex Group Gold Coast Branch Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as The Laminex Group Gold Coast Branch Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 25 November 2013. The nominal expiry date of the Agreement is23 November 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Laminex Group Pty Ltd, trading as The Laminex Group, applied to the Fair Work Commission for the approval of the The Laminex Group Gold Coast Branch Agreement 2013-2016. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around the terms and conditions of employment outlined in the proposed agreement, specifically those relating to the distribution of duties and responsibilities between various classes of employees. The Fair Work Commission was tasked with determining whether the proposed agreement was in the best interests of the employees and whether it provided for fair and reasonable terms and conditions of employment.

The primary legal issues before the Commission were whether the proposed agreement met the statutory criteria for approval under the Fair Work Act 2009, and whether it adequately protected the rights and interests of the employees. Key considerations included the agreement's compliance with the 'better off overall test', which requires that employees be no worse off financially under the new agreement than they would be under the applicable award or existing enterprise agreement. The Commission also had to assess whether the agreement provided for appropriate mechanisms for the resolution of disputes and grievances.

In its decision, the Fair Work Commission found that the proposed agreement satisfied the statutory requirements for approval. The Commission noted that the agreement provided for reasonable terms and conditions of employment, and that it was likely to be better off overall for the employees. The Commission was satisfied that the agreement contained adequate provisions for the distribution of duties and responsibilities, and that it provided for appropriate mechanisms for the resolution of disputes and grievances. Accordingly, the Commission approved the proposed agreement.

The Fair Work Commission ordered that the The Laminex Group Gold Coast Branch Agreement 2013-2016 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered by the Commission and would have effect from the date of registration. The Commission also ordered that the agreement be published on the Fair Work Commission's website, and that copies be provided to the parties and any affected employees. The decision was final and binding on all parties.

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