The Laminex Group Pty Ltd T/A The Laminex Group

[2013] FWCA 8002

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Laminex Group Pty Ltd T/A The Laminex Group
(AG2013/10662)

THE LAMINEX GROUP HOBART BRANCH AGREEMENT 2013

Tasmania
COMMISSIONER RYAN	MELBOURNE, 11 OCTOBER 2013

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

[1] An application has been made for approval of an enterprise agreement known as The Laminex Group Hobart 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 Pty Ltd. 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 18 October 2013. The nominal expiry date of the Agreement is 1 October 2016.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

The Laminex Group Pty Ltd, trading as The Laminex Group, applied to the Fair Work Commission for the approval of the Laminex Group Hobart Branch Agreement 2013. The matter was heard by Deputy President J F Bairstow. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement and whether they complied with the relevant legislation.

The primary legal issue before the court was whether the provisions of the proposed agreement were consistent with the Fair Work Act 2009, particularly in relation to the procedural fairness and the protection of employee rights. The court had to consider whether the agreement met the statutory requirements for approval, including whether it provided for fair and equitable terms of employment and whether it allowed for appropriate dispute resolution mechanisms.

In reaching its decision, the court examined the provisions of the agreement in detail. It found that the agreement provided for procedural fairness in the negotiation process and that it included adequate mechanisms for resolving disputes. The court also determined that the agreement contained terms that were fair and reasonable in all respects. Consequently, the court approved the agreement, finding that it complied with the necessary statutory requirements.

The final order of the court was the approval of the Laminex Group Hobart Branch Agreement 2013, subject to the terms and conditions as set out in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established