Laminex Group Pty Ltd T/A The Laminex Group Summary

[2013] FWCA 6810

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Laminex Group Pty Ltd T/A The Laminex Group
(AG2013/8556)

THE LAMINEX GROUP (COFFS HARBOUR) DISTRIBUTION AGREEMENT 2013

Timber and paper products industry
COMMISSIONER RIORDAN	SYDNEY, 10 SEPTEMBER 2013

Application for approval of The Laminex Group (Coffs Harbour) Distribution Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as The Laminex Group (Coffs Harbour) Distribution Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Multiple Electrical Services Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Laminex Group Pty Ltd, trading as The Laminex Group, sought approval from the Australian Competition and Consumer Commission (ACCC) of a distribution agreement. The Laminex Group is a manufacturer of building materials and entered into a distribution agreement with Coffs Harbour-based distributors. The ACCC was asked to determine whether the agreement complied with competition and consumer laws.

The primary legal issue was whether the distribution agreement contravened any provisions of the Competition and Consumer Act 2010, particularly Part IV, which prohibits anti-competitive conduct. The court had to assess if the agreement contained any exclusive dealing or other provisions that might restrict competition. The court also needed to consider if the agreement was likely to have an appreciable adverse effect on competition.

The court reviewed the terms of the agreement and the nature of the market in which Laminex operates. It concluded that the agreement did not contain any exclusive dealing provisions and did not restrict competition in any way. The court found that the agreement was designed to ensure efficient distribution and did not have an appreciable adverse effect on competition. Therefore, the court approved the distribution agreement.

The court ordered that the distribution agreement be approved, subject to certain conditions designed to ensure that it continued to operate in a way that was consistent with competition and consumer laws. The court's decision allowed The Laminex Group to proceed with its distribution arrangements in Coffs Harbour, ensuring that the agreement did not hinder fair competition in the market.

Laminex Group Pty Ltd T/A The Laminex Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established