Laminex T/A Laminex Group Pty Limited
[2025] FWCA 205
•20 JANUARY 2025
| [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
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Annexure A
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