Laminex Group Pty Ltd [2015] FWCA 13 (5 January 2015)

[2015] FWCA 13

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

Laminex Group Pty Ltd T/A The Laminex Group
(AG2014/10731)

THE LAMINEX GROUP BALLARAT DECORATING PLANT AGREEMENT 2013

Timber and paper products industry
COMMISSIONER BLAIR	MELBOURNE, 2 JANUARY 2015

Application for variation of the The Laminex Group Ballarat Decorating Plant Agreement 2013.

[1] This decision concerns an application made by Laminex Group Pty Ltd T/A The Laminex Group (the applicant) under section 217 of the Fair Work Act 2009 (the Act) for a variation of The Laminex Group Ballarat Decorating Plant Agreement 2013 (the Agreement) in order to remove an ambiguity or uncertainty in that agreement. The applicant is the employer covered by the Agreement.

[2] The Agreement is sought to be varied by adding the following sub-clause:

Clause 11.5.2 - For the avoidance of doubt, this clause does not apply to employees above level 4, including employees appointed as Level 5 Team Leaders or employees covering for Team Leaders, who receive the Level 5 rate.

[3] Based on the material provided, during a hearing conducted on the 9th December 2014, the Commission is satisfied that there is ambiguity and the variations sought remove that ambiguity.

[4] The application is approved. A consolidated version of the agreement, as varied, is attached to this decision.

[5] In accordance with s.217(2) of the Act the variation will operate from 9 December 2014.

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