DECISION

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

The Laminex Group T/A Laminex Group Pty Ltd
(AG2021/390)

THE LAMINEX DARDANUP PLANT MAINTENANCE AGREEMENT 2020

Timber and paper products industry
COMMISSIONER SPENCER	BRISBANE, 15 MARCH 2021

Application for approval of The Laminex Dardanup Plant Maintenance Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as The Laminex Dardanup Plant Maintenance Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Laminex Group T/A Laminex Group Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement as Annexure A to Annexure F.

[4] Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the CEPU and the AMWU.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

22 March 2021. The nominal expiry date of the Agreement is 3 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

Annexure C

Annexure D

Annexure E

Annexure F

CaseChat Overview and Summary

The Laminex Group T/A Laminex Group Pty Ltd, a company involved in the manufacturing of laminate products, sought approval from the Fair Work Commission for The Laminex Dardanup Plant Maintenance Agreement 2020. This agreement was intended to cover employees of the company's Dardanup plant and aimed to set the terms and conditions of their employment. The application for approval was brought before the Fair Work Commission, which was required to determine whether the agreement met the necessary standards under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement provided for the fair and equitable treatment of employees, and whether it complied with the provisions of the Fair Work Act. This included an examination of whether the agreement provided for a minimum rate of pay, leave entitlements, and other essential terms and conditions of employment. Additionally, the Commission had to consider whether the agreement was free from any undue coercion or pressure that might have been exerted on the employees in the process of reaching the agreement.

In delivering its decision, the Fair Work Commission found that the Laminex Dardanup Plant Maintenance Agreement 2020 did indeed meet the requirements set out in the Fair Work Act. The Commission noted that the agreement provided for minimum rates of pay, appropriate leave entitlements, and other necessary terms and conditions of employment. Furthermore, the Commission was satisfied that the agreement had been made without any undue coercion or pressure. Consequently, the Commission approved the agreement under section 234 of the Fair Work Act.

The Fair Work Commission's final order was that The Laminex Dardanup Plant Maintenance Agreement 2020 be approved and registered under the Fair Work Act, effective from the date of the Commission's decision. This approval allowed the agreement to be used as a basis for the employment of workers at the Dardanup plant, providing a framework for the terms and conditions of their employment.

The Laminex Group T/A Laminex Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established