The Laminex Group

[2013] FWCA 8174

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Laminex Group
(AG2013/10686)

THE LAMINEX GROUP WODONGA BRANCH AGREEMENT 2013

Timber and paper products industry
COMMISSIONER RYAN	MELBOURNE, 18 OCTOBER 2013

Application for approval of The Laminex Group Wodonga Branch Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the The Laminex Group Wodonga Branch Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by The Laminex Group. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 25 October 2013.The nominal expiry date of the Agreement is 1 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The Laminex Group, represented by its employer associations, sought approval from the Fair Work Commission for the Laminex Group Wodonga Branch Agreement 2013. The dispute involved the terms and conditions of employment for employees at the Wodonga manufacturing plant, which was to be incorporated into the national agreement. The Commission was tasked with ensuring the agreement met the criteria set out in the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was made in good faith, whether it provided for a fair and reasonable method of determining employees' rates of pay and conditions of employment, and if it complied with the requirements of the Fair Work Act. The Commission also had to consider if the agreement was consistent with the National Employment Standards and if it provided for appropriate dispute resolution mechanisms.

The Fair Work Commission determined that the Laminex Group Wodonga Branch Agreement 2013 met the necessary criteria. It found that the agreement was made in good faith and provided for fair and reasonable terms and conditions of employment. The Commission confirmed that the agreement complied with the Fair Work Act and incorporated the National Employment Standards. Additionally, the agreement was deemed to offer appropriate mechanisms for resolving disputes. As a result, the Commission approved the agreement, and it came into effect on the specified date.

The final orders included the approval of the Laminex Group Wodonga Branch Agreement 2013, which was to be registered and published as required by the Fair Work Act. The agreement was to apply to employees of The Laminex Group at the Wodonga manufacturing plant, and it incorporated the terms and conditions set out in the national agreement, subject to any specific provisions outlined in the branch agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established