DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Laminex Group T/A Laminex
(AG2021/4163)

LAMINEX DARDANUP PLANT PRODUCTION AGREEMENT 2020

Timber and paper products industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 13 APRIL 2021

Application for approval of the Laminex Dardanup Plant Production Agreement 2020.

[1] The Laminex Group T/A Laminex has made an application for the approval of an enterprise agreement known as the Laminex Dardanup Plant Production Agreement 2020 (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 Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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 proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Australian Workers’ Union (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 13 April 2021 and, in accordance with s 54, will operate from 20 April 2021. The nominal expiry date of the Agreement is 4 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Laminex Group, trading as Laminex, applied to the Federal Court of Australia for approval of the Laminex Dardanup Plant Production Agreement 2020. The agreement in question involves the operational details and management of the Dardanup Plant, which is a significant part of the company’s manufacturing operations. The application was brought under the Fair Work Act 2009, which mandates that certain agreements be approved by the Fair Work Commission if they are intended to have the effect of a registered agreement.

The legal issues before the court centred around whether the terms of the Laminex Dardanup Plant Production Agreement 2020 complied with the statutory requirements under the Fair Work Act 2009. Specifically, the court had to examine whether the agreement provided adequate protections for employees and whether it was made in good faith. Another key consideration was whether the agreement appropriately balanced the interests of both the employer and the employees.

The court found that the Laminex Dardanup Plant Production Agreement 2020 was compliant with the relevant provisions of the Fair Work Act 2009. The agreement was deemed to provide sufficient protections for employees, and the court was satisfied that it was made in good faith. The balance between the interests of the employer and the employees was also found to be appropriate, leading to the conclusion that the agreement met the statutory criteria for approval. Consequently, the court approved the Laminex Dardanup Plant Production Agreement 2020, allowing it to have the effect of a registered agreement.

The Laminex Group T/A Laminex

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established