DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Pty Ltd T/A Laminex
(AG2016/7453)

LAMINEX MACKAY BRANCH AGREEMENT 2016-2019

Timber and paper products industry
COMMISSIONER GREGORY	MELBOURNE, 2 FEBRUARY 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Laminex Mackay 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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Laminex Pty Ltd, trading as Laminex, sought approval for the Laminex Mackay Branch Agreement 2016-2019 in the Fair Work Commission. The application was brought under the Fair Work Act 2009, which empowers the Commission to approve enterprise agreements that meet certain criteria, including that they provide for fair and reasonable terms and conditions. The dispute arose between Laminex and the Australian Manufacturing Workers' Union, which represents employees at the Mackay branch. The union contested the terms of the proposed agreement, arguing that it did not adequately protect employees' rights and conditions.

The legal issues before the Commission were whether the proposed agreement provided for fair and reasonable terms and conditions and whether it complied with the requirements of the Fair Work Act. The Commission had to consider whether the agreement met the statutory criteria, including provisions on minimum wages and conditions, penalty rates, leave entitlements, and dispute resolution mechanisms. The Commission also needed to assess whether the agreement provided for fair and reasonable terms and conditions in the context of the bargaining process and the interests of the employees involved.

After considering the evidence and submissions from both parties, the Fair Work Commission found that the Laminex Mackay Branch Agreement 2016-2019 met the statutory criteria and provided for fair and reasonable terms and conditions. The Commission noted that the agreement included provisions for minimum wages and conditions, penalty rates, and leave entitlements that were consistent with the relevant awards and industrial instruments. The Commission also found that the agreement provided for an effective dispute resolution mechanism that allowed for the fair and timely resolution of disputes. The Commission approved the agreement, stating that it met the requirements of the Fair Work Act and provided for fair and reasonable terms and conditions for the employees involved.

The Fair Work Commission approved the Laminex Mackay Branch Agreement 2016-2019, effective from 1 July 2016 to 30 June 2019. The Commission's decision resolved the dispute between Laminex and the Australian Manufacturing Workers' Union, providing certainty and stability for the employees at the Mackay branch. The approval of the agreement demonstrates the Commission's commitment to facilitating fair and reasonable enterprise agreements that balance the interests of employers and employees.

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