DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Pty Ltd T/A Laminex
(AG2016/7450)

LAMINEX DARWIN BRANCH AGREEMENT 2016-2019

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

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

[1] An application has been made for approval of an enterprise agreement known as the Laminex Darwin 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, applied to the Fair Work Commission for approval of the Laminex Darwin Branch Agreement 2016-2019. The application arose from negotiations between Laminex and the Australian Manufacturing Workers' Union (AMWU). The dispute centred on the terms of the proposed enterprise agreement, specifically its compliance with the relevant industrial laws and fairness to the employees covered by the agreement. The Fair Work Commission was tasked with determining whether the agreement should be approved, taking into account the legal framework governing enterprise agreements in Australia.

The primary legal issues before the Commission were whether the proposed agreement was a genuine enterprise agreement, met the requirements of the Fair Work Act 2009, and was fair and reasonable in terms of its content and process. The Commission had to examine the negotiation process, the content of the agreement, and whether it was consistent with the provisions of the Fair Work Act. Additionally, the Commission needed to assess if the agreement was likely to promote harmonious, productive, and economic workplace relations.

The Commission determined that the agreement was genuine, having been negotiated in good faith, and met all the legal requirements. It found that the agreement was consistent with the Fair Work Act and did not contain any terms that were contrary to public policy or contrary to the spirit of the Act. The Commission also concluded that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. The negotiation process was deemed to be transparent and fair, with adequate opportunity for the parties to engage in meaningful discussions. As a result, the Commission approved the Laminex Darwin Branch Agreement 2016-2019.

The Fair Work Commission approved the Laminex Darwin Branch Agreement 2016-2019, effective from 1 July 2016 to 30 June 2019. The Commission's decision was based on the findings that the agreement was genuine, met all legal requirements, and was fair and reasonable. The agreement was deemed to promote harmonious, productive, and economic workplace relations between Laminex and the employees covered by 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