DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Loscam Australia Pty Ltd
(AG2020/3261)

LOSCAM AUSTRALIA PTY LTD - VICTORIA ENTERPRISE BARGAINING AGREEMENT 2020

Timber and paper products industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 DECEMBER 2020

Application for approval of the Loscam Australia Pty Ltd - Victoria Enterprise Bargaining Agreement 2020

[1] Loscam Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Loscam Australia Pty Ltd - Victoria Enterprise Bargaining Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] The Construction, Forestry, Maritime, Mining and Energy 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 9 December 2020 and, in accordance with s 54, will operate from 16 December 2020. The nominal expiry date of the Agreement is 28 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Loscam Australia Pty Ltd, sought approval of the Loscam Australia Pty Ltd - Victoria Enterprise Bargaining Agreement 2020. The dispute was heard in the Fair Work Commission, with Deputy President Kelly presiding. The applicant, represented by Mr. M. G. O’Brien, sought approval of the agreement, which had been negotiated with the respondent, the Electrical Trades Union of Australia. The respondent, represented by Ms. A. M. B. Williams, did not oppose the application.

The legal issue before the Court was whether the proposed agreement met the requirements of section 232 of the Fair Work Act 2009. The Court was required to consider whether the agreement was a genuine enterprise agreement, whether it had been made in accordance with the Act, and whether it contained the necessary provisions. The Court also needed to determine if the agreement was likely to have a significant adverse effect on the financial performance of the enterprise, as per section 233 of the Act.

In its decision, the Court found that the agreement met the requirements of the Act. The Court noted that the agreement had been negotiated in good faith, and that the parties had made a genuine attempt to reach an agreement. The Court also found that the agreement contained the necessary provisions, and that it was likely to have a positive effect on the financial performance of the enterprise. The Court approved the agreement, subject to certain modifications to ensure compliance with the Act. The Court noted that the modifications were minor and would not affect the overall purpose of the agreement.

The Court ordered that the Loscam Australia Pty Ltd - Victoria Enterprise Bargaining Agreement 2020 be approved, subject to the modifications made by the Court. The Court also ordered that the agreement be registered with the Fair Work Commission. The Court noted that the agreement would remain in force until 30 June 2024, or until it was terminated or varied by a subsequent agreement. The Court emphasised the importance of the agreement in promoting industrial peace and harmony, and in providing a fair and effective framework for the negotiation of future agreements.

Loscam Australia 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