Loscam Australia Pty Ltd Summary

[2016] FWCA 445

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Loscam Australia Pty Ltd T/A Loscam

(AG2015/6904)

LOSCAM AUSTRALIA LIMITED- WINGFIELD SA ENTERPRISE

AGREEMENT 2015

Timber and paper products industry

COMMISSIONER PLATT

ADELAIDE, 21 JANUARY 2016

Application for approval of the Loscam Australia Limited - Wingfield SA Enterprise

Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Loscam Australia Limited- Wingfield SA Enterprise Agreement 2015 (the Agreement). The

application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I have accepted the undertaking attached to this decision which has been given by the

employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are

relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

29 January 2016. The nominal expiry date of the Agreement is 29 January 2020.

COMMISSIONER

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[2016] FWCA 445

CaseChat Overview and Summary

Loscam Australia Pty Ltd, trading as Loscam, applied for the approval of an enterprise agreement, the Loscam Australia Limited - Wingfield SA Enterprise Agreement 2015, under section 185 of the Fair Work Act 2009. The agreement in question pertains to the timber and paper products industry. Commissioner Platt of the Fair Work Commission was tasked with deciding on the application, focusing on whether the agreement met the necessary criteria for approval.

The primary legal issues the Commissioner had to address were whether the agreement satisfied the requirements set out in sections 186, 187, 188, and 190 of the Fair Work Act. These sections cover various aspects such as the negotiation process, the content of the agreement, and the compliance with procedural requirements. Additionally, the Commissioner had to ensure that the agreement adhered to the Act's objectives and principles, particularly those concerning fairness and good faith.

Commissioner Platt found that the agreement met all the relevant requirements for approval. The employer provided an undertaking that satisfied the conditions set forth in the Fair Work Act. Consequently, the Commissioner approved the enterprise agreement, which will commence on 29 January 2016 and will remain in effect until 29 January 2020. The approval signifies that the agreement complies with the statutory requirements and is deemed fair and appropriate for the employees involved.

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