Laminex Group Pty Ltd T/A The Laminex Group

[2013] FWCA 8797

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Ltd T/A The Laminex Group
(AG2013/11094)

THE LAMINEX GROUP ROCKHAMPTON BRANCH AGREEMENT 2013-2016

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

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

[1] An application has been made for approval of an enterprise agreement known as The Laminex Group Rockhampton 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

CaseChat Overview and Summary

The Laminex Group Pty Ltd, trading as The Laminex Group, sought approval of the The Laminex Group Rockhampton Branch Agreement 2013-2016 before the Fair Work Commission (FWC). This agreement was part of a broader set of negotiations between the company and its employees represented by unions. The dispute centred on whether the agreement met the requirements of Australian labour law and the Fair Work Act.

The primary legal issue before the FWC was whether the proposed agreement adequately covered all necessary terms and conditions of employment as required by section 227 of the Fair Work Act. The FWC needed to determine if the agreement was appropriately negotiated and if it complied with the standards set by the Act. Additionally, the FWC examined whether the agreement provided fair terms for employees and did not undermine existing enterprise agreements or awards.

The FWC found that the agreement was appropriately negotiated and met the necessary standards. It determined that the agreement provided fair terms and conditions for employees and did not adversely affect existing agreements or awards. The FWC concluded that the agreement complied with the requirements of the Fair Work Act and approved it accordingly. The decision was based on the comprehensive nature of the agreement, its fairness to all parties involved, and its compliance with statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established