Laminex T/A Laminex Group Pty Limited Summary

[2025] FWCA 497

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Laminex T/A Laminex Group Pty Limited

(AG2024/5165)

LAMINEX BALLARAT COMPONENTRY PLANT AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 7 FEBRUARY 2025

Application for approval of the Laminex Ballarat Componentry Plant Agreement 2025

An application has been made for approval of an enterprise agreement known as the Laminex Ballarat Componentry Plant Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Laminex T/A Laminex Group Pty Limited. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU), and Construction, Forestry and Maritime Employees Union (CFMEU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2025. The nominal expiry date of the Agreement is 6 February 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Laminex T/A Laminex Group Pty Limited, seeking approval for the Laminex Ballarat Componentry Plant Agreement 2025. The application was brought before the Fair Work Commission, the federal workplace relations tribunal. The dispute centred around the terms and conditions outlined in the proposed agreement, which was intended to govern the employment of workers at the Laminex Ballarat Componentry Plant.

The legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment and whether it complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the 'better off overall test' and whether it contained provisions that were contrary to public policy or contrary to the principles of the Fair Work Act.

The Fair Work Commission found that the Laminex Ballarat Componentry Plant Agreement 2025 provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement included provisions that were better off overall for the employees compared to the existing awards. Additionally, the Commission was satisfied that the agreement did not contain any provisions that were contrary to public policy or the principles of the Fair Work Act. Consequently, the Commission approved the agreement.

The Fair Work Commission issued an order approving the Laminex Ballarat Componentry Plant Agreement 2025, effective from the date of the order. The agreement was set to govern the employment of workers at the Laminex Ballarat Componentry Plant and would remain in force until it was terminated or varied by a future agreement.

Laminex T/A Laminex Group Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established