DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Pty Ltd
(AG2016/3572)

LAMINEX (NEWCASTLE) DISTRIBUTION (CFMEU) AGREEMENT 2016

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

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

[1] An application has been made for approval of an enterprise agreement known as the Laminex (Newcastle) 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

Laminex Pty Ltd recently came before the Fair Work Commission in an application for the approval of the Laminex (Newcastle) Distribution (CFMEU) Agreement 2016. The applicant, Laminex, sought approval of the agreement made with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing certain employees in the Newcastle distribution division. The CFMEU opposed the application, raising concerns about the agreement's fairness and compliance with relevant labour laws.

The primary legal issues before the court were whether the agreement complied with the requirements of the Fair Work Act 2009, specifically section 235, which governs the approval of enterprise agreements. The court examined whether the agreement had been made in good faith and whether it met the criteria for being a "better off overall test" (BOOT) agreement. Additionally, the court considered if the agreement adequately provided for the resolution of any disputes and if it was appropriately certified by the relevant union officials.

In its decision, the commission found that the agreement was made in good faith and met the requirements of the BOOT. The agreement provided for adequate dispute resolution mechanisms and was certified by the union officials as required by law. The commission concluded that the agreement was fair and compliant with the Act. Consequently, the court approved the Laminex (Newcastle) Distribution (CFMEU) Agreement 2016, thereby resolving the dispute between the parties.

The final orders included the approval of the agreement, subject to its registration with the Fair Work Commission. The agreement was to be in effect from the date of the decision and would govern the terms and conditions of employment for the employees represented by the CFMEU in the Newcastle distribution division.

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