Application for approval of the Laminex Adelaide Distribution Centre Agreement 2025

[1] Laminex Group Pty Ltd trading as Laminex (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Laminex Adelaide Distribution Centre Agreement 2025 (the Agreement).

[2] The United Workers' Union (UWU) 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) I note that the Agreement covers the UWU.

[3] Clause 28 of the Agreement, which provides for compassionate leaves, may be inconsistent with the National Employment Standards (NES). The clause provides compassionate leave where a member of an employee's immediate family or household contracts or develops a serious illness or sustains a serious injury or dies, however it does not provide an entitlement in relation to compassionate leave for stillbirth/miscarriage as is provided by s.104(1)(b) and (c) of the Act.

[4] However, noting clause 6.3(b) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] I raised a Better Off Overall Test (BOOT) concern relating to payment of part-time employees who work in excess of agreed ordinary hours. The Employer provided an undertaking to resolve this issue, providing to the effect that part-time employees will receive overtime rates for hours worked in excess of their standard hours unless otherwise agreed in accordance with 13.2(c).

[6] I raised a BOOT concern that the Agreement does not provide details of entitlements for casual employees who work public holidays. The Employer made submissions that it does not employ casual employees in the Distribution Centre and does not reasonably foresee any requirement for casuals in the Distribution Centre in the future. In addition, the Employer submitted that the Distribution Centre does not operate its business on public holidays and so even if a casual employee were to be employed in the future, it is highly unlikely that they would be asked to work on a public holiday. I accept that it is not reasonably foreseeable that casual employees will be engaged by the Employer, nor will they work on public holidays. Accordingly, I am not required to have regard to casual employees working on a public holiday for the purpose of the BOOT pursuant to s 193A(6).

[7] 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. The undertakings are taken to be a term of the agreement.

[8] Subject to the undertakings referred to above, 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.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2025. The nominal expiry date of the Agreement is 23 December 2028.

Printed by authority of the Commonwealth Government Printer

Section 185 - Application for approval of a single enterprise agreement

I, Zoe Griffen, People and Performance Business Partner have the authority given to me by Laminex Group Pty Ltd to give the following undertaking with respect to the Laminex Adelaide Distribution Centre Agreement 2025:

1. Laminex Group Pty Ltd undertakes that where a part-time employee works in excess of their hours of work as detailed at clause 13.2(d), in the absence of agreement being made in accordance with clause 13.2(c) to vary their hours of work, overtime rates will apply.

This undertaking is provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission.