austlii:cth/FWCA/2025/3638
General information, not legal advice.
FWCA
2025-10-29
Original judgment source is linked above.
s.185 - Enterprise agreement
LAMINEX BRISBANE DISTRIBUTION CENTRE AGREEMENT 2025
Application for approval of the Laminex Brisbane Distribution Centre Agreement 2025
[1] An application has been made for approval of an enterprise agreement known as the Laminex Brisbane Distribution Centre Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Laminex Group Pty Ltd Trading AS Laminex (the Applicant). The Agreement is a single enterprise agreement.
[2] The Applicant has provided written undertakings. 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] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[4] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):
Clause 19(c) - Personal/carer's leave
[5] Noting clause 6(a)(ii) of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.
[6] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 29 October 2028.
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