Laminex T/A Laminex Group Pty Limited

[2025] FWCA 205

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Laminex T/A Laminex Group Pty Limited

(AG2024/4837)

LAMINEX BALLARAT DECORATING PLANT AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 20 JANUARY 2025

Application for approval of the Ballarat Decorating Plant Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the Laminex Ballarat Decorating Plant Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Laminex (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 10 January 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Timber Industry Award 2020 and Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The following employee organisations (all of which were bargaining representatives for the Agreement), have given notice under s.183 of the Act that they want to be covered by the Agreement:

· Construction, Forestry and Maritime Employees Union;
· Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; and
· "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)

In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.⁴

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2025. The nominal expiry date of the Agreement is 31 October 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant Laminex Group, trading as Laminex Group Pty Limited, sought approval of the Ballarat Decorating Plant Enterprise Agreement 2024. The agreement, which aimed to regulate employment terms and conditions for workers at the Ballarat Decorating Plant, was proposed as a means to enhance efficiency and productivity within the company. The applicant contended that the agreement provided for a fair and reasonable set of terms that were necessary for the business to remain competitive.

The central legal issue before the Commission was whether the proposed agreement met the requirements of section 234 of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for a fair and reasonable set of terms and conditions. This involved an examination of the agreement's provisions, the bargaining process, and whether the agreement facilitated the efficient operation of the enterprise. Additionally, the Commission needed to ensure that the agreement did not adversely affect employees' rights and protections under the Fair Work Act.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, concluded that the proposed agreement was fair and reasonable. The Commission found that the agreement effectively balanced the needs of the business with the rights of the employees. The provisions were deemed necessary to maintain the enterprise's competitiveness and operational efficiency. The Commission was satisfied that the agreement did not adversely affect employees' rights and protections under the Fair Work Act. Consequently, the application for approval was granted.

The final orders of the Commission included the approval of the Ballarat Decorating Plant Enterprise Agreement 2024, with the agreement to be registered by the Fair Work Ombudsman. The parties were directed to take all necessary steps to give effect to the approved agreement. The Commission's decision emphasised the importance of reaching agreements that foster a productive and harmonious workplace environment, while safeguarding the rights of employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established