The Laminex Group

[2013] FWCA 7911

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Laminex Group
(AG2013/10675)

THE LAMINEX GROUP SHEPPARTON BRANCH AGREEMENT 2013

Timber and paper products industry
COMMISSIONER RYAN	MELBOURNE, 9 OCTOBER 2013

Application for approval of the The Laminex Group Shepparton Branch Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the The Laminex Group Shepparton 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 16 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 representatives, applied to the Fair Work Commission for the approval of The Laminex Group Shepparton Branch Agreement 2013. The respondents to the application were various unions, including the Australian Manufacturing Workers' Union and the Electrical Trades Union. The primary dispute centred around whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the protection of employees' rights and interests. The Fair Work Commission was tasked with determining if the agreement met the necessary criteria for approval under the Act.

The legal issues before the Commission included whether the agreement provided fair terms and conditions for employees, including minimum wages, penalty rates, and leave entitlements. Additionally, the Commission had to consider whether the agreement adequately safeguarded employees' rights to freedom of association and protected them from adverse actions for engaging in protected industrial activities. Another issue was whether the agreement provided for appropriate mechanisms for resolving workplace disputes and grievances.

In its decision, the Commission found that the proposed agreement largely complied with the statutory requirements. The agreement provided for fair wages and conditions, including minimum rates and penalty rates, as well as adequate leave entitlements. The Commission also determined that the agreement did not unduly restrict employees' rights to freedom of association or expose them to unfair dismissal. The agreement included effective dispute resolution mechanisms and was found to be fair and reasonable in all material respects. Consequently, the Commission approved the agreement, finding that it met the necessary criteria under the Fair Work Act 2009.

The final orders of the Commission included the approval of The Laminex Group Shepparton Branch Agreement 2013, with certain minor amendments to ensure compliance with the Fair Work Act 2009. The approved agreement was to be registered with the Fair Work Commission and would apply to all employees covered by the agreement, subject to the terms and conditions set out therein.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established