Laminex T/A Laminex Group Pty Limited

[2025] FWCA 115

[2025] FWCA 115

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

(AG2024/4724)

LAMINEX TOOLARA AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 15 JANUARY 2025

Application for approval of the Laminex Toolara Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Laminex Toolara Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Laminex T/A Laminex Group Pty Limited (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 11 December 2024.

1. On 17 December 2024, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

1. In respect of the Notice of Employee Representational Rights (NERR) deficiency, it appears a pre-reform version of the NERR was provided to employees.  I am satisfied taking into consideration s.188(5) of the Act, that the procedural or technical error is minor and that the employees were not likely to have been disadvantaged, and accordingly there has been a genuine agreement.

1. There are two National Employment Standard (NES) issues that require comment:

·  Clause 70.3 of the Agreement appears to anticipate a requirement to work on Public Holidays, as it states that shift workers rostered to work on public holidays will be given 2 weeks’ notice if they are required to work or not. Section 114 of the Act provides that an employee is entitled to be absent on a Public Holiday however an employer may request an employee to work if that request is reasonable.

·  Clause 21.2 of the Agreement provides that where an employee fails to provide the required notice of termination, the employer is entitled to deduct from any wages due to the employee under this Agreement or the NES, an amount equivalent to the difference between the notice given and the notice required. This appears to permit the employer to withhold monies owing to the employee under the NES.

1. Clause 6 of the Agreement acts as an effective NES precedence clause. As a result, the above clauses will not apply to the extent they are inconsistent with the NES.

1. The Applicant has submitted an undertaking in the required form dated 17 December 2024. The undertaking deals with the following topics:

·  Clause 33 - Delegate and Employee Representative Rights is replaced with Appendix 3 – Workplace Delegates Right, a copy of which is attached to the undertaking.

·  Where an employee works in excess of their hours as detailed at Clauses 15.4.1 and/or 15.4.2, in the absence of an agreement being made in accordance with Clause 15.4.5, overtime rates will apply.

1. A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. The Australian Workers’ Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Construction, Forestry and Maritime Employees Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services 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) of the Act I note that the Agreement covers these organisations.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2027.

COMMISSIONER

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