DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Pty Ltd T/A Laminex
(AG2016/7452)

LAMINEX ROCKHAMPTON BRANCH AGREEMENT 2016-2019

Timber and paper products industry
COMMISSIONER GREGORY	MELBOURNE, 20 JANUARY 2017

Application for approval of the Laminex Rockhampton Branch Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Laminex Rockhampton Branch Agreement 2016-2019 (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 T/A Laminex. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2017. The nominal expiry date of the Agreement is 23 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Laminex Pty Ltd, trading as Laminex, applied to the Fair Work Commission for the approval of the Laminex Rockhampton Branch Agreement 2016-2019. The dispute arose from the application of the Fair Work Act 2009, focusing on whether the agreement met the criteria for approval as a registered agreement. The nature of the dispute was whether the agreement, which was proposed by the employer to cover employees at the Rockhampton branch, complied with the relevant sections of the Act and the Fair Work Regulations 2009.

The legal issues before the Commission involved determining whether the agreement was a genuine enterprise agreement, whether it was made in good faith, and whether it provided for the proper negotiation process. The Commission had to examine the procedural aspects of the agreement, including the adequacy of the bargaining process, the coverage of employees, and the terms and conditions outlined within the agreement. The fairness and appropriateness of the agreement in relation to the employees and the employer were also key considerations.

The Fair Work Commission concluded that the agreement was a genuine enterprise agreement that was made in good faith and provided for the proper negotiation process. The Commission found that the agreement met all the statutory requirements for approval, including the procedural and substantive fairness of the agreement. The Commission was satisfied that the agreement was made through proper negotiation and covered the appropriate group of employees. The terms and conditions of the agreement were deemed fair and reasonable, and the agreement was approved under the Fair Work Act 2009.

The Commission's decision was that the Laminex Rockhampton Branch Agreement 2016-2019 was approved and registered as a certified agreement. The agreement was to remain in force until the earlier of either the expiry of the agreement or the making of a new enterprise agreement. The Commission's approval ensured that the agreement would provide a stable and fair framework for the employees and employer at the Rockhampton branch for the duration of the agreement.

Laminex Pty Ltd T/A Laminex

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established