Loscam Australia Pty Limited Summary

[2024] FWCA 3198

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Loscam Australia Pty Limited

(AG2024/3189)

LOSCAM AUSTRALIA PTY LIMITED – CFMEU NSW (MANUFACTURING DIVISION) ENTERPRISE AGREEMENT 2024 – 2027

Timber and paper products industry
DEPUTY PRESIDENT DEAN	CANBERRA, 6 SEPTEMBER 2024

Application for approval of the Loscam Australia Pty Limited – CFMEU NSW (MANUFACTURING DIVISION) Enterprise Agreement 2024 – 2027.

An application has been made for approval of an enterprise agreement known as the Loscam Australia Pty Limited – CFMEU NSW (MANUFACTURING DIVISION) Enterprise Agreement 2024 – 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Loscam Australia Pty Limited. The Agreement is a single enterprise agreement.

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

The Construction, Forestry and Maritime Employees Union, 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), the Commission notes that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2024. The nominal expiry date of the Agreement is 8 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Loscam Australia Pty Limited sought approval for an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union NSW (Manufacturing Division). The application was heard in the Fair Work Commission. The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement complied with the provisions regarding genuine bargaining, and whether it provided fair and reasonable terms and conditions for employees.

The court examined the evidence of genuine bargaining and the process through which the agreement was reached. It considered whether the union had genuinely represented the employees and whether the employer had genuinely bargained with the union. The court also assessed if the agreement contained terms that were fair and reasonable in all aspects. In its reasoning, the court found that the evidence demonstrated genuine bargaining had occurred and that the agreement provided fair and reasonable terms for the employees. The court was satisfied that the union had genuinely represented the employees, and that the employer had engaged in good faith negotiations with the union.

Consequently, the court approved the enterprise agreement. The decision highlighted the importance of genuine bargaining and the need for both parties to engage in meaningful negotiations. The approval of the agreement ensures that the terms and conditions of employment are fair and reasonable, protecting the interests of both the employees and the employer. The court's decision provides clarity and certainty for future negotiations and agreements within the industry.

Loscam Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established