Loram Pty Ltd

[2014] FWCA 4965

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Loram Pty Ltd
(AG2014/6544)

LORAM PTY. LTD. BASE ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 24 JULY 2014

Application for approval of the Loram Pty. Ltd. Base Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Loram Pty. Ltd. Base Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] I had some concerns regarding the superannuation clause in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representatives for the agreement have indicated their support for the undertaking.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Loram Pty Ltd was the subject of an application for the approval of the Loram Pty Ltd Base Enterprise Agreement 2014. The applicant, Loram, sought the approval of the agreement from the Fair Work Commission (FWC). The dispute centred around the terms and conditions of employment within the agreement, specifically regarding the classification and remuneration of employees. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant legislative framework and if it was in the best interests of the employees involved.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it provided a safety net of minimum terms and conditions for the employees. Additionally, the Commission had to consider if the agreement was free from any prohibited content, such as provisions that would allow for the evasion of workplace laws or undermine the operation of the Act.

In reaching its decision, the Commission examined the contents of the proposed agreement and the submissions made by the parties involved. The Commission found that the agreement met the necessary legislative requirements and provided a safety net of minimum terms and conditions. It also determined that the agreement did not contain any prohibited content and was in the best interests of the employees. Consequently, the Commission approved the agreement, noting that it would provide stability and certainty for both the employees and the employer.

The Fair Work Commission approved the Loram Pty Ltd Base Enterprise Agreement 2014, confirming its compliance with the Fair Work Act 2009 and its provision of a safety net of minimum terms and conditions. The approval of the agreement ensures that the employees will benefit from fair and reasonable terms of employment, while also providing the employer with the certainty needed to manage its workforce effectively.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established