DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Pty Ltd T/A Laminex
(AG2016/7446)

LAMINEX CAIRNS BRANCH AGREEMENT 2016-2019

Timber and paper products industry
COMMISSIONER GREGORY	MELBOURNE, 23 JANUARY 2017

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

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

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CaseChat Overview and Summary

Laminex Pty Ltd, trading as Laminex, sought the approval of the Fair Work Commission for the Laminex Cairns Branch Agreement 2016-2019. The application was made under the Fair Work Act 2009. The dispute arose from negotiations between the employer and the employees' representative, the Construction, Forestry, Maritime, Mining and Energy Union. The crux of the matter was whether the agreement met the requirements for approval under the Act and if it could be considered a safety net agreement. The legal issues involved determining whether the agreement provided a safety net for employees and if it included minimum terms and conditions that were no less favourable than those provided by the relevant award or safety net award.

The Fair Work Commission examined the agreement's provisions against the statutory criteria for approval. The Commission considered whether the agreement contained minimum terms and conditions that were not less favourable than those of the relevant award or safety net award. The Commission also assessed if the agreement provided an adequate safety net, ensuring employees were not disadvantaged by the agreement's terms. Ultimately, the Commission determined that the agreement satisfied the necessary conditions for approval and was a safety net agreement. The Commission found that the agreement provided terms and conditions that were no less favourable than those provided by the relevant award, thereby meeting the requirements of the Fair Work Act.

Following the Commission's analysis, it was concluded that the Laminex Cairns Branch Agreement 2016-2019 should be approved. The Commission found that the agreement did not disadvantage employees and provided a fair and reasonable safety net. The final orders of the Commission were that the agreement be approved under section 233 of the Fair Work Act 2009. The agreement was to take effect from the date of the Commission's decision and would remain in force until the end of the specified period. This decision provided clarity for the parties involved and established the terms and conditions for the employees in the Cairns 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