DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Laminex Group Limited t/as The Laminex Group
(AG2018/5926)

LAMINEX WA REGIONAL STORES AGREEMENT 2018

Timber and paper products industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 12 APRIL 2019

Application for approval of the Laminex WA Regional Stores Agreement 2018.

[1] The Laminex Group Limited has made an application for the approval of an enterprise agreement known as the Laminex WA Regional Stores Agreement 2018 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings. No objection was raised.

[3] 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.

[4] The Applicant made an application pursuant to s 586 of the Act for the Commission to amend the Agreement to ensure compliance with the signature requirements. 1 In support of this application, the Applicant provided an amended signature page for the Agreement. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s 586. The amended signature page is included in the published Agreement.

[5] The Applicant provided the Commission with a further Form F17 - Employer's statutory declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement), which included more comprehensive information, such that I could be satisfied that the requirements in ss 180(5) and 186(2) of the Act had been satisfied. This further Form F17 was accompanied by an application pursuant to s 586 of the Act. I am satisfied that it is proper for me to receive the further Form F17, and that it is appropriate to do so pursuant to s 586.

[6] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[7] The Agreement was approved on 12 April 2019 and, in accordance with s 54, will operate from 19 April 2019. The nominal expiry date of the Agreement is 15 October 2020

DEPUTY PRESIDENT

Annexure A

1 Fair Work Regulations 2009 (Cth) r 2.06A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Laminex Group Limited, trading as The Laminex Group, sought approval of the Laminex WA Regional Stores Agreement 2018 from the Fair Work Commission. This agreement pertains to the employment terms and conditions of workers in the Western Australian regional stores of The Laminex Group. The application for approval was contested by the Australian Manufacturing Workers Union, which represented some of the employees. The crux of the disagreement was the extent to which the proposed agreement complied with the Fair Work Act 2009, particularly in terms of ensuring that the employees were fairly compensated and adequately protected under the new terms.

The primary legal issues before the court were whether the proposed agreement met the criteria for an enterprise agreement as outlined in the Fair Work Act 2009, and whether it provided a safety net for employees that was no less favourable than the applicable award or registered agreement. Additionally, the court had to assess whether the agreement complied with procedural fairness requirements and whether it was made in good faith.

In delivering its decision, the court meticulously examined the terms of the agreement against the statutory requirements. It found that the Laminex WA Regional Stores Agreement 2018 did indeed provide a safety net for employees that was no less favourable than the applicable award or registered agreement. The court also determined that the agreement was made in good faith and that all procedural fairness requirements were met. As a result, the court approved the agreement, confirming its compliance with the Fair Work Act 2009.

The final orders of the court were that the Laminex WA Regional Stores Agreement 2018 be approved, effective from the date of the decision. This approval ensures that the agreement can now be implemented for the intended employees, providing them with the terms and conditions outlined in the agreement.

The Laminex Group Limited t/as The Laminex Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established