DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Pty Ltd T/A Laminex
(AG2016/7451)

LAMINEX GOLD COAST BRANCH AGREEMENT 2016-2019

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

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

[1] An application has been made for approval of an enterprise agreement known as the Laminex Gold Coast 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 Gold Coast Branch Agreement 2016-2019. The dispute involved the terms of the enterprise agreement and whether it complied with the requirements of the Fair Work Act 2009. The Commission was tasked with determining if the agreement met the criteria for being approved as a modern award or if it should be rejected.

The central legal issues before the Commission were whether the agreement provided for the prescribed minimum terms and conditions, including pay rates, leave entitlements, and other employment standards, and whether it adhered to the principles of good faith bargaining. Additionally, the Commission had to assess if the agreement was made in good faith and if it was appropriate for the employees covered by the agreement.

The Commission found that the Laminex Gold Coast Branch Agreement 2016-2019 contained all the prescribed minimum terms and conditions as required by the Fair Work Act. It determined that the agreement was made in good faith and that the bargaining process was fair and appropriate. The Commission was satisfied that the agreement provided for the necessary minimum standards and did not include any provisions that were contrary to the principles of good faith bargaining. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Laminex Gold Coast Branch Agreement 2016-2019, effective from 1 July 2016 to 30 June 2019. The approval ensures that the terms of the agreement will govern the employment conditions of the employees covered by it for the specified period.

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