DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Loram Pty Ltd
(AG2018/6408)

LORAM PTY. LTD. BASE ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 16 APRIL 2019

Application for approval of the Loram Pty. Ltd. Base Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Loram Pty. Ltd. Base Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Loram Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 17 April 2019 and, in accordance with s.54, will operate from 24 April 2019. The nominal expiry date of the Agreement is 16 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Loram Pty Ltd was the subject of an application before the Fair Work Commission, where the respondents, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the Transport Workers Union (TWU), sought approval of the Loram Pty Ltd Base Enterprise Agreement 2018. The dispute centred on whether the agreement, which sought to establish terms and conditions of employment for certain employees, complied with the Fair Work Act 2009.

The primary legal issues before the Commission involved whether the agreement met the requirements of section 233 of the Fair Work Act, including whether it contained all the prescribed minimum terms and conditions, whether it had been made in good faith and whether it provided for a proper process for the resolution of workplace disputes. Additionally, the Commission had to consider whether the agreement unfairly disadvantaged any employees and whether it was consistent with the Act's object of creating a safe and productive work environment.

In determining the application, the Commission examined the provisions of the proposed agreement and the evidence provided by the parties. The Commission found that the agreement contained all the prescribed minimum terms and conditions and was made in good faith. It also found that the agreement provided for an appropriate process for the resolution of workplace disputes and did not unfairly disadvantage any employees. The Commission was satisfied that the agreement was consistent with the objectives of the Fair Work Act, including the promotion of economic prosperity and social inclusion through productive and sustainable industrial relations. Consequently, the Commission approved the agreement, subject to certain minor modifications to address technical issues.

As a result of the Commission's decision, the Loram Pty Ltd Base Enterprise Agreement 2018 was approved and became legally binding on the parties. The agreement sets out the terms and conditions of employment for the relevant employees, including their wages, hours of work, leave entitlements and dispute resolution processes. The decision provides certainty and stability for the parties and helps to ensure that the employees are treated fairly and equitably in the workplace.

Loram Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established