DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laminex Pty Ltd T/A Laminex
(AG2017/4958)

LAMINEX PTY. LTD. CHELTENHAM PLANT MAINTENANCE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 22 JANUARY 2018

Application for approval of the Laminex Pty. Ltd. Cheltenham Plant Maintenance Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Laminex Pty. Ltd. Cheltenham Plant Maintenance Agreement 2017 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Service Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2018. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, Laminex Pty Ltd, trading as Laminex, brought an application before the Fair Work Commission for approval of the Laminex Pty Ltd Cheltenham Plant Maintenance Agreement 2017. This agreement was intended to govern the terms and conditions of employment for certain workers at the Cheltenham plant. The primary dispute centred on the adequacy and fairness of the proposed agreement, particularly in relation to the classification of employees, pay rates, and other employment conditions.

The legal issues before the Commission involved the compliance of the proposed agreement with the relevant provisions of the Fair Work Act 2009, particularly sections concerning the making of agreements, the scope of agreements, and the protection of employee rights. The Commission had to determine whether the agreement met the requirements for approval under the Act, including whether it provided for fair and reasonable terms and conditions of employment and whether it had been made in good faith.

The Commission found that the proposed agreement was generally consistent with the provisions of the Fair Work Act. The agreement covered a broad range of terms and conditions, including classification, pay rates, and other employment provisions. The Commission considered that the agreement provided for fair and reasonable terms and conditions, taking into account the specific circumstances of the Cheltenham plant and the nature of the work performed by the employees. Additionally, the Commission was satisfied that the agreement had been made in good faith by both parties, as evidenced by the negotiation process and the willingness to reach a comprehensive agreement. Accordingly, the Commission approved the agreement under section 178 of the Fair Work Act.

As a result of the Commission’s approval, the Laminex Pty Ltd Cheltenham Plant Maintenance Agreement 2017 now serves as a legally binding enterprise agreement for the employees covered by its terms. This decision ensures that the agreement will govern the employment conditions at the Cheltenham plant, providing a clear framework for both the employer and employees moving forward.

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