Laminex Pty Ltd T/A Laminex

Case [2017] FWCA 714


[2017] FWCA 714
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Laminex Pty Ltd T/A Laminex
(AG2016/7492)

LAMINEX TOOWOOMBA BRANCH AGREEMENT 2016 - 2019

Timber and paper products industry

COMMISSIONER GREGORY

MELBOURNE, 2 FEBRUARY 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Laminex Toowoomba 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 9 February 2017. The nominal expiry date of the Agreement is 23 November 2019.


COMMISSIONER

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Details
AGLC
Laminex Pty Ltd T/A Laminex [2017] FWCA 714
Case
[2017] FWCA 714
Decision Date

CaseChat Overview and Summary

Laminex Pty Ltd, trading as Laminex, applied to the Fair Work Commission for the approval of the Laminex Toowoomba Branch Agreement 2016-2019. The agreement was made between Laminex and its employees in the Toowoomba branch. The application was made under the Fair Work Act 2009, and the primary issue before the Commission was whether the agreement met the requirements of the Act and was therefore eligible for registration.

The Commission examined the agreement to determine if it was a "single interest employer agreement," as defined by the Act. The agreement was made between a single employer and its employees in a specific branch, and the Commission had to determine if it was made in good faith and if it provided for matters that could be dealt with in an enterprise agreement. The Commission also considered if the agreement was made without coercion, and if it contained the necessary provisions for employee protections and dispute resolution.

After considering the evidence and arguments presented, the Commission found that the agreement met all the requirements of the Act. It was a genuine single interest employer agreement, made in good faith, and without coercion. The agreement contained all the necessary provisions for employee protections and dispute resolution, and it provided for matters that could be dealt with in an enterprise agreement. The Commission approved the agreement, and it was registered with the Fair Work Commission.

The Commission's decision was based on a thorough examination of the agreement and the evidence presented. The Commission found that the agreement was a genuine single interest employer agreement, made in good faith, and without coercion. The agreement contained all the necessary provisions for employee protections and dispute resolution, and it provided for matters that could be dealt with in an enterprise agreement. The Commission's approval of the agreement ensures that the employees in the Toowoomba branch of Laminex are covered by a registered agreement, which provides them with certain protections and benefits.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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