DECISION

Fair Work Act 2009
s.217—Enterprise agreement

Laminex Group Pty Ltd T/A The Laminex Group
(AG2014/10732)

LAMINEX GROUP BALLARAT COMPONENTRY PLANT AGREEMENT 2013

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 5 JANUARY 2015

Application for variation of the Laminex Group Ballarat Componentry Plant Agreement 2013.

[1] This decision concerns an application made by Laminex Group Pty Ltd T/A The Laminex Group (the applicant) under section 217 of the Fair Work Act 2009 (the Act) for a variation of The Laminex Group Ballarat Componentry Plant Agreement 2013 (the Agreement) in order to remove an ambiguity or uncertainty in that agreement. The applicant is the employer covered by the Agreement.

[2] The Agreement is sought to be varied by adding the following sub-clause:

Clause 11.5.2 - For the avoidance of doubt, this clause does not apply to employees above level 4, including employees appointed as Level 5 Team Leaders or employees covering for Team Leaders, who receive the Level 5 rate.

[3] Based on the material provided, during a hearing conducted on the 9th December 2014, the Commission is satisfied that there is ambiguity and the variations sought remove that ambiguity.

[4] The application is approved. A consolidated version of the agreement, as varied, is attached to this decision.

[5] In accordance with s.217(2) of the Act the variation will operate from 9 December 2014.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Laminex Group Pty Ltd, trading as The Laminex Group, sought to have the Laminex Group Ballarat Componentry Plant Agreement 2013 varied, which was the subject of an application to the Fair Work Commission. The dispute revolved around the terms of the enterprise agreement and the rights and obligations of the parties under it. The Commission was tasked with determining whether the application met the criteria for a variation and, if so, what the new terms should be.

The legal issues before the Commission were whether the application for variation met the requirements set out in the Fair Work Act 2009, and if so, whether the proposed changes were in the best interests of the employees and the employer. The Commission had to consider whether the application satisfied the procedural and substantive requirements, including the necessity of good faith bargaining and the potential impact on the workforce.

The Commission found that the application did meet the necessary criteria for a variation, as it was made in good faith and with the intention of resolving issues that had arisen since the agreement was signed. The Commission also concluded that the proposed changes were in the best interests of both the employees and the employer, as they addressed genuine issues of flexibility and efficiency in the workplace. Consequently, the application was approved, and the Laminex Group Ballarat Componentry Plant Agreement 2013 was varied accordingly.

The final orders included specific amendments to the agreement, which addressed the issues raised in the application. These changes were designed to improve the working conditions for the employees while also ensuring the continued viability and competitiveness of the employer. The Commission's decision provided a balanced outcome that recognised the rights and interests of both parties involved in the enterprise agreement.

Laminex Group Pty Ltd T/A The Laminex Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established