Application for approval of the Laminex Perth Distribution Centre Agreement 2025.

[1] Laminex Group Pty Ltd Trading AS Laminex (the Applicant) has made an application for the approval of an enterprise agreement known as the Laminex Perth Distribution Centre Agreement 2025 (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 Construction, Forestry, Maritime and Energy Union - Manufacturing Division (the CFMEU) raised 'Better Off Overall Test' concerns regarding clause 21 of the Agreement, which provides an entitlement to an annual leave loading of 17.5% regardless of whether an employee is a day or shift worker. The Applicant explained that the rostering structure of the business consists of a day and afternoon shift only, with no night shift. The CFMEU did not contest this. Accordingly, I am satisfied that night shift is not a foreseeable pattern of work under s 193A(6A) of the Act. I am also satisfied that when considering the wage rates in the Agreement, the Agreement satisfied s 193 of the Act.

[3] The CFMEU also raised concerns that the following clauses provided for a lesser entitlement than the National Employment Standards (NES):

• Clause 34(d)(vii) provides that "A casual employee will not be entitled to any form of paid absence, including but not limited to annual leave, personal leave and public holidays not worked". Clause 34(d)(vii) excludes or is less beneficial with respect to the entitlement to 10 days paid Family and Domestic Violence Leave under the NES.

• Clause 36 lists factors that must be considered as to whether an employee's refusal to work overtime is unreasonable. This list is less comprehensive than the factors in s 62(3) of the Act and does not include the usual patterns of work in the industry, or part of the industry, in which the employee works, and the nature of the employee's role, and the employee's level of responsibility.

[4] However, noting the NES precedence clause at clause 6(a) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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.

[6] In compliance with s 190(4) of the Act, the bargaining representatives' 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.

[7] 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 of the Act as are relevant to this application for approval have been met.

[8] The CFMEU, 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) of the Act and based on the declaration provided by the CFMEU I note that the CFMEU is covered by the Agreement.

[9] The Agreement was approved on 16 January 2026 and, in accordance with s 54, will operate from 23 January 2026. The nominal expiry date of the Agreement is 23 January 2029.

[10] On 26 November 2025, the CFMEU requested that the Agreement be amended under s 218A as follows:

• Clause 1 of the Agreement refers to the title of the Agreement as "Laminex Perth Distribution Centre Agreement 2021". This should be corrected to "2025", which is consistent with the front page of the Agreement.

• Clause 4 of the Agreement refers to 'The Construction, Forestry, Mining and Energy Union ("the Union"). This should be corrected to 'The Construction, Forestry and Maritime Employees Union.'

[11] I wrote to the Applicant and proposed that I exercise my power under s 218A to amend the errors. The Applicant confirmed that it had no objections to the amendments sought by the organisation.

[12] As has been noted in recent decisions of the Commission,[1] s 218A of the Act is akin to the slip rule found in s 602 of the Act which allows the Commission to correct or amend an obvious error, defect or irregularity (whether in substance or form) in relation to a decision of the Commission. Its evident purpose is to remove complexity associated with varying enterprise agreements containing obvious errors, defects or irregularities by simplifying the process by which corrections may be made.

[13] Based on the material before me, I am satisfied that the errors outlined in [10] should be corrected as sought by the CFMEU.

[14] I order pursuant to s 281A of the Act as follows:

1. The reference to the title of the Agreement in clause 1 of the Agreement is varied to read "Laminex Perth Distribution Centre Agreement 2025".

2. The reference to the CFMEU in clause 4 of the Agreement is varied to read "The Construction, Forestry and Maritime Employees Union".

[15] This variation will operate from the date the Agreement commences, being 23 January 2026.

[1] See for example [2023] FWCA 844 per Gostencnik DP, and [2023] FWC 115 per Asbury DP (as Vice President Asbury then was).

Printed by authority of the Commonwealth Government Printer