Laminex Group Pty Ltd T/A The Laminex Group

[2020] FWCA 6763

[2020] FWCA 6763

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Laminex Group Pty Ltd T/A The Laminex Group
(AG2020/3589)

LAMINEX WA METROPOLITAN STORES AGREEMENT 2018

Timber and paper products industry
COMMISSIONER WILSON	MELBOURNE, 16 DECEMBER 2020

Application for termination of the Laminex WA Metropolitan Stores Agreement 2018.

[1] On 24 November 2020, The Laminex Group Pty Ltd made an application pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the Laminex WA Metropolitan Stores Agreement 2018 (the Agreement) after its nominal expiry date.

[2] Section 225 of the Act states:

“225 Application for termination of an enterprise agreement after its nominal expiry date

If an enterprise agreement has passed its nominal expiry date, any of the following may apply to the FWC for the termination of the agreement:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(c) an employee organisation covered by the agreement.”

[3] The Applicant is an employer covered by the Agreement and thus has standing to make the termination application. The Agreement has passed its nominal expiry date which was 5 November 2020.

[4] Section 226 of the Act sets out when the Commission must terminate an expired enterprise agreement where an application to terminate an agreement is made:

“226 When the FWC must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:

(a) the FWC is satisfied that it is not contrary to the public interest to do so; and

(b) the FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and

(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.”

[5] The material before the Commission includes the originating application and an accompanying statutory declaration filed by the employer in support of the application. The statutory declaration provided by the company’s People and Performance Business Partner provides:

“As a result of a business re-structure, the location/sites, Balcatta and Bibra Lake where this Agreement applied was closed on Friday, 12 April 2019 and Friday, 15 November 2019 respectively. As a result of the site closures, the employees who were covered by this instrument at the time were terminated and left the business via redundancy. The last employee who was engaged under this agreement was terminated on Friday, 15 November 2019.

Both sites are now closed and there is no intention by the company to engage employees under this instrument in the foreseeable future and therefore believes the termination of the Laminex WA Metropolitan Stores Agreement 2018 is not contrary to public interest.”

[6] The agreement covers the Construction, Forestry, Maritime, Mining and Energy Union as an employee organisation. They have indicated to the Commission that they do not object to the termination.

[7] I am satisfied that each of the requirements of s.226 of the Act have been met. As a result, I must approve the termination of the Agreement.

[8] The Agreement is terminated and, pursuant to s.227 of the Act, the termination will come into effect from 16 December 2020.

COMMISSIONER

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