Loscam Australia Pty Ltd Summary

[2018] FWCA 7412

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Loscam Australia Pty Ltd

(AG2018/4734)

Loscam Australia Limited – CFMMEU NSW Enterprise Agreement 2018-2021

Timber and paper products industry
Commissioner Johns	MELBOURNE, 18 DECEMBER 2018

Application for approval of the Loscam Australia Limited – CFMMEU NSW Enterprise Agreement 2018-2021.

An application has been made for approval of an enterprise agreement known as the Loscam Australia Limited – CFMMEU NSW Enterprise Agreement 2018-2021 (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 Ltd. 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, 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2018. The nominal expiry date of the Agreement is 8 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Loscam Australia Pty Ltd sought approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (NSW Branch) under the Fair Work Act 2009. The dispute came before the Fair Work Commission. The central legal issues were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act, including the need for genuine agreement, coverage of appropriate bargaining units, and fairness in terms and conditions. The Commission examined whether the agreement was genuinely negotiated, covered the correct bargaining unit, and met the "better off overall test." It also assessed if the agreement was procedurally sound, including whether all necessary steps were taken to facilitate the agreement's negotiation and if all affected parties were given adequate opportunity to participate. The Commission found that the agreement was genuinely negotiated and covered the appropriate bargaining unit. It satisfied the "better off overall test," meaning employees would be no worse off and at least some would be better off. The procedural requirements were also met, with all necessary steps taken and affected parties given a fair opportunity to participate. Consequently, the Fair Work Commission approved the Loscam Australia Limited – CFMMEU NSW Enterprise Agreement 2018-2021.

Loscam Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established