The Laminex Group Pty Ltd Summary

[2013] FWCA 7697

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Laminex Group Pty Ltd
(AG2013/9445)

THE LAMINEX GROUP WINGFIELD DISTRIBUTION CENTRE AGREEMENT 2013

Timber and paper products industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 3 OCTOBER 2013

Application for approval of The Laminex Group Wingfield Distribution Centre Agreement 2013.

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

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

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

[4] The National Union of Workers, 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2013. The nominal expiry date of the Agreement is 25 August 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Laminex Group Pty Ltd sought approval for the Wingfield Distribution Centre Agreement 2013, which would affect a number of employees. The application was brought before the Fair Work Commission, which was asked to decide if the agreement met the necessary standards under the Fair Work Act 2009. The main legal issue was whether the agreement provided fair terms and conditions for the employees, including aspects such as wages, hours of work, and other employment conditions. Additionally, the Commission had to determine if the agreement was appropriately negotiated and if it met the requirements for being a single interest employer agreement.

The Fair Work Commission carefully reviewed the agreement, considering the provisions and their implications for the employees. The Commission assessed the fairness of the terms and conditions, ensuring they were not less favourable than the relevant awards or modern awards. The Commission also examined the negotiation process and whether it was conducted in good faith. After thorough analysis, the Commission concluded that the agreement was fair and met all the necessary criteria for approval. It found that the terms were equitable and the negotiation process was valid.

Consequently, the Fair Work Commission approved the Laminex Group Wingfield Distribution Centre Agreement 2013. This decision allowed the agreement to take effect, providing a clear framework for the terms and conditions of employment for the affected employees. The Commission's approval was based on its determination that the agreement was fair, appropriately negotiated, and met the legislative requirements under the Fair Work Act 2009.

The Laminex Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established