DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Pty Ltd
(AG2016/3573)

LAMINEX (WAGGA WAGGA) DISTRIBUTION (CFMEU) AGREEMENT 2016

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

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

[1] An application has been made for approval of an enterprise agreement known as the Laminex (Wagga Wagga) 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 case involves Laminex Pty Ltd, an Australian company, which applied to the Fair Work Commission for the approval of a specific industrial agreement. The agreement in question, the Laminex (Wagga Wagga) Distribution (CFMEU) Agreement 2016, was intended to govern the terms and conditions of employment for a group of its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute before the Commission centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained provisions that were in the best interests of the employees and if it was free from any prohibited content.

The legal issues the Commission was required to decide included whether the agreement appropriately balanced the interests of the employees with those of the employer, and if it adhered to the requirements of the Fair Work Act. The Commission had to consider whether the agreement contained terms and conditions that were fair and reasonable, and if it was genuinely negotiated between the parties. Additionally, the Commission examined if the agreement included any prohibited content such as terms that were contrary to public policy or that contravened any other laws.

In reaching its decision, the Commission reviewed the evidence and submissions provided by both parties. The Commission determined that the agreement was fair and reasonable and met the criteria for approval under the Fair Work Act. It found that the agreement had been genuinely negotiated and contained provisions that were in the best interests of the employees. The Commission also concluded that the agreement did not include any prohibited content. Consequently, the Commission approved the Laminex (Wagga Wagga) Distribution (CFMEU) Agreement 2016.

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