Laminex Group Pty Ltd T/A The Laminex Group

[2013] FWCA 605

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Ltd T/A The Laminex Group
(AG2012/13126)

THE LAMINEX GROUP WA REGIONAL STORES AGREEMENT 2012

Timber and paper products industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 24 JANUARY 2013

Application for approval of the The Laminex Group WA Regional Stores Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the The Laminex Group WA Regional Stores Agreement 2012 (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 ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is October 15 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Laminex Group Pty Ltd, trading as The Laminex Group, applied for approval of the The Laminex Group WA Regional Stores Agreement 2012 with the Fair Work Commission. The agreement sought to set out the terms and conditions of employment for employees working in the Western Australian regional stores of The Laminex Group. The application was brought before the Fair Work Commission to ensure the agreement met the necessary legislative requirements and to secure its approval.

The primary legal issue before the Commission was whether the proposed agreement complied with the relevant sections of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement had been made in good faith, if it provided for the proper operation of businesses, and if it was fair and reasonable in all its terms. The Commission also had to assess whether the agreement met the requirements for coverage, such as ensuring it was applicable to the appropriate employees and covered all necessary terms of employment.

In examining the application, the Commission considered the evidence provided by The Laminex Group regarding the negotiation process and the content of the agreement. The Commission found that the agreement had been made in good faith and was reasonably necessary for the proper operation of the business. It also concluded that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. The Commission approved the agreement, finding that it met all the necessary legislative requirements and was fit for purpose.

The Fair Work Commission approved the The Laminex Group WA Regional Stores Agreement 2012, confirming its compliance with the Fair Work Act 2009. The decision was made based on the evidence presented and the findings that the agreement had been made in good faith, was necessary for the proper operation of the business, and was fair and reasonable in its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established