Laminex Group Pty Ltd T/A The Laminex Group

[2013] FWCA 8760

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Ltd T/A The Laminex Group
(AG2013/11095)

THE LAMINEX GROUP CAIRNS BRANCH AGREEMENT 2013-2016

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

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

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

Laminex Group Pty Ltd, trading as The Laminex Group, applied to the Fair Work Commission (FWC) for the approval of The Laminex Group Cairns Branch Agreement 2013-2016. The application was made under section 231 of the Fair Work Act 2009, seeking to have the agreement registered as a registered agreement. The dispute involved the terms and conditions of employment for employees within the Cairns branch of the Laminex Group, and the application was made in the context of ensuring that the agreement complied with the requirements of the Fair Work Act.

The primary legal issue before the FWC was whether the agreement met the statutory requirements for registration under the Fair Work Act. This involved an assessment of whether the agreement contained all the mandatory terms prescribed by the Act and whether it was made in good faith and without coercion. The FWC had to consider the provisions of the agreement, including those relating to wages, hours of work, leave, and other employment conditions, to determine if they were compliant with the legislation.

The FWC examined the provisions of the agreement and found that it included all the mandatory terms required by the Fair Work Act. The FWC also considered submissions from both parties and found that the agreement was made in good faith and without coercion. The FWC concluded that the agreement was compliant with the requirements of the Fair Work Act and approved the agreement for registration. This decision was made on the basis that the agreement provided a fair and reasonable framework for the employment of the workers within the Cairns branch.

The FWC ordered that The Laminex Group Cairns Branch Agreement 2013-2016 be registered as a registered agreement under section 231 of the Fair Work Act 2009. The registration was effective from the date of the FWC’s decision, and the agreement was to apply to the employees covered by it. This decision provided certainty for the parties and ensured that the agreement would be legally binding for the duration of its term.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established