Laminex Group Pty Ltd T/A The Laminex Group

Case [2013] FWCA 8756


[2013] FWCA 8756

FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Laminex Group Pty Ltd T/A The Laminex Group
(AG2013/11099)

THE LAMINEX GROUP TOWNSVILLE BRANCH AGREEMENT 2013-2016

Timber and paper products industry

DEPUTY PRESIDENT LAWRENCE

SYDNEY, 18 NOVEMBER 2013

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

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

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Details
AGLC
Laminex Group Pty Ltd T/A The Laminex Group [2013] FWCA 8756
Case
[2013] FWCA 8756
Decision Date

CaseChat Overview and Summary

Laminex Group Pty Ltd, trading as The Laminex Group, sought approval of the The Laminex Group Townsville Branch Agreement 2013 - 2016 from the Fair Work Commission. The applicant submitted the agreement under section 233 of the Fair Work Act 2009, which allows the Commission to approve enterprise agreements if it determines that the agreement is in the public interest and promotes harmonious, productive, and cooperative workplace relations. The legal issues before the Commission involved whether the agreement met the criteria for approval under the Fair Work Act and if it provided for terms and conditions that were fair and reasonable.

The Fair Work Commission considered the various provisions of the agreement, including those relating to wages, hours of work, and other employment terms and conditions. The Commission also assessed whether the agreement provided for a fair and reasonable method of determining wage rates and whether the agreement would promote harmonious, productive, and cooperative workplace relations. The Commission found that the agreement met the criteria for approval, as it provided for fair and reasonable terms and conditions and promoted harmonious, productive, and cooperative workplace relations.

The Commission approved the agreement and noted that it would be registered with the Fair Work Commission and become legally binding on the parties from the date of registration. The agreement was found to be in the public interest, as it provided for fair and reasonable terms and conditions and would promote harmonious, productive, and cooperative workplace relations. The decision of the Fair Work Commission was made on 28 February 2014.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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