The Laminex Group T/A Laminex Group Pty Ltd

[2021] FWCA 618

[2021] FWCA 618

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

The Laminex Group T/A Laminex Group Pty Ltd
(AG2021/211)

LAMINEX DARWIN BRANCH AGREEMENT 2016-2019

Timber and paper products industry
COMMISSIONER WILSON	MELBOURNE, 9 FEBRUARY 2021

Application for termination of the Laminex Darwin Branch Agreement 2016-2019.

[1] On 4 February 2021, The Laminex Group Pty Ltd made an application pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate Laminex Darwin Branch Agreement 2016-2019 (the Agreement) after its nominal expiry date.

[2] Section 225 of the Act states:

“225 Application for termination of an enterprise agreement after its nominal expiry date

If an enterprise agreement has passed its nominal expiry date, any of the following may apply to the FWC for the termination of the agreement:

(a) one or more of the employers covered by the agreement;

(b) an employee covered by the agreement;

(c) an employee organisation covered by the agreement.”

[3] The Applicant is an employer covered by the Agreement and thus has standing to make the termination application. The Agreement has passed its nominal expiry date which was 23 November 2019.

[4] Section 226 of the Act sets out when the Commission must terminate an expired enterprise agreement where an application to terminate an agreement is made:

“226 When the FWC must terminate an enterprise agreement

If an application for the termination of an enterprise agreement is made under section 225, the FWC must terminate the agreement if:

(a) the FWC is satisfied that it is not contrary to the public interest to do so; and

(b) the FWC considers that it is appropriate to terminate the agreement taking into account all the circumstances including:

(i) the views of the employees, each employer, and each employee organisation (if any), covered by the agreement; and

(ii) the circumstances of those employees, employers and organisations including the likely effect that the termination will have on each of them.”

[5] The material before the Commission includes the originating application and an accompanying statutory declaration filed by the employer in support of the application. The statutory declaration provided by the company’s People and Performance Business Partner provides:

“The Laminex Darwin Branch Agreement 2016-2019 (AG2016/7450), which applied to the Storeperson/Driver employees based the Laminex Darwin Warehouse, at 11 Hidden Valley Rd, Berrimah NT 0828; has been replaced by Laminex North QLD & NT Regional Distribution Agreement 2020 (AG2020/3526).

Therefore since the Laminex North QLD & NT Regional Distribution Agreement 2020 came into effect on 8 December 2020, all Laminex Storeperson/Driver employees based at 11 Hidden Valley Rd, Berrimah NT 0828, will fall under this newly formed EA, which replaced the Laminex Darwin Branch Agreement 2016-2019 in its entirety.”

[6] The agreement does not cover any employee organisation.

[7] I am satisfied that each of the requirements of s.226 of the Act have been met. As a result, I must approve the termination of the Agreement.

[8] The Agreement is terminated and, pursuant to s.227 of the Act, the termination will come into effect from 9 February 2021.

COMMISSIONER

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