Laminex Group Pty Ltd T/A The Laminex Group

[2013] FWCA 8790

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Group Pty Ltd T/A The Laminex Group
(AG2013/11084)

THE LAMINEX GROUP LISMORE BRANCH AGREEMENT 2013-2016

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

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

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

The case involves Laminex Group Pty Ltd, trading as The Laminex Group, who sought approval for the Laminex Group Lismore Branch Agreement 2013-2016. The application was lodged with the Fair Work Commission, which was tasked with determining whether the proposed agreement met the requirements under the Fair Work Act 2009. The Laminex Group sought to have the agreement, which outlines the terms and conditions for employees at the Lismore branch, formally approved. The legal issues before the Commission included whether the agreement provided for fair and reasonable terms, was made in good faith, and was appropriately certified by the Australian Building and Construction Commission (ABCC). The Commission also needed to consider whether the agreement satisfied the criteria for being a "modern award" under the Act.

The Fair Work Commission examined the certification process and the terms of the proposed agreement. It was noted that the agreement had been certified by the ABCC, which had to be satisfied that the agreement was made in good faith and that the parties had negotiated in a manner that was free from any coercion or undue influence. The Commission further considered the content of the agreement, assessing whether it provided fair and reasonable terms for the employees, and whether it complied with the provisions of the Fair Work Act. The Commission took into account the economic context, the bargaining positions of the parties, and the terms of the agreement relative to other agreements within the industry.

Upon reviewing the evidence and arguments presented, the Fair Work Commission determined that the proposed agreement was appropriately certified and met the necessary criteria under the Fair Work Act. The Commission found that the agreement provided fair and reasonable terms for the employees and was made in good faith. The Commission also found that the certification process was conducted appropriately, and the parties had negotiated the agreement without any undue influence or coercion. Consequently, the Fair Work Commission approved the Laminex Group Lismore Branch Agreement 2013-2016, recognising it as a modern award under the Act.

In its decision, the Fair Work Commission ordered that the Laminex Group Lismore Branch Agreement 2013-2016 be approved as a modern award. The approval took effect from the date of the decision, and the agreement was to be applied to the employees of the Lismore branch of The Laminex Group. The Commission emphasised that the agreement would govern the terms and conditions of employment for the specified period and would be subject to the provisions of the Fair Work Act and any applicable awards or agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established