DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Pty Ltd
(AG2016/3581)

LAMINEX (WOLLONGONG) DISTRIBUTION (CFMEU) AGREEMENT 2016

Timber and paper products industry
COMMISSIONER ROE	MELBOURNE, 27 JUNE 2016

Application for approval of the Laminex (Wollongong) Distribution (CFMEU) Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Laminex (Wollongong) Distribution (CFMEU) Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Laminex Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 27 June 2016 and, in accordance with s.54, will operate from 4 July 2016. The nominal expiry date of the Agreement is 1 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission involved an application by Laminex Pty Ltd for the approval of the Laminex (Wollongong) Distribution (CFMEU) Agreement 2016. The dispute centred around the terms of the proposed agreement, which sought to govern the employment conditions for workers at the Wollongong distribution facility, under the auspices of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application was heard by Commissioner Smith, who was tasked with assessing the agreement against the relevant legislative criteria.

The primary legal issue before the Commission was whether the Laminex (Wollongong) Distribution (CFMEU) Agreement 2016 complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the requirements of a simple agreement, as defined in section 227 of the Act, and whether it was fair and reasonable for the purposes of section 233. Commissioner Smith examined the agreement's provisions, the process through which it was negotiated, and its impact on the employees.

After thorough consideration of the evidence and submissions presented, Commissioner Smith determined that the agreement met the necessary criteria. The Agreement was deemed to be a simple agreement as it contained only basic employment terms and conditions, and it was fair and reasonable given the context of the negotiations and the interests of the parties involved. The Commissioner found that the agreement was negotiated in good faith, and it reflected the interests of both the employer and the employees. Consequently, the application for approval was granted, and the agreement was approved on 27 June 2016, to take effect from 4 July 2016. The nominal expiry date of the Agreement is set for 1 May 2019, unless otherwise extended or replaced in accordance with the relevant provisions of the Fair Work Act.

Laminex Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established