Loscam Australia Pty Ltd

Case [2014] FWCA 5609


[2014] FWCA 5609

The attached document replaces the document previously issued with the above code on 15 August 2014.

Name of the agreement has been corrected

Bronwyn Brown

Associate to Deputy President Lawrence

Dated: 18 August 2014

[2014] FWCA 5609
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Loscam Australia Pty Ltd
(AG2014/1927)

LOSCAM AUSTRALIA LIMITED - CFMEU NSW ENTERPRISE AGREEMENT 2014

Timber and paper products industry

DEPUTY PRESIDENT LAWRENCE

SYDNEY, 15 AUGUST 2014

Application for approval of the Loscam Australia Limited - CFMEU NSW Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Loscam Australia Limited - CFMEU NSW 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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union - Forestry and Furnishing Products Division, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 22 August 2014. The nominal expiry date of the Agreement is 8 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code C, AE409636  PR554360>

Details
AGLC
Loscam Australia Pty Ltd [2014] FWCA 5609
Case
[2014] FWCA 5609
Decision Date

CaseChat Overview and Summary

Loscam Australia Pty Ltd, a construction company, brought an application to the Fair Work Commission to approve the Loscam Australia Limited - CFMEU NSW Enterprise Agreement 2014. The Australian Building Construction Industry Security of Employment (State) Award 2010 applied to the employees. The Construction, Forestry, Maritime, Mining and Energy Union sought to have the agreement approved as a new modern award.

The key legal issue was whether the proposed agreement could be approved as a modern award under the Fair Work Act 2009. The court had to consider whether the agreement met the requirements of a modern award and whether it provided for a fair and reasonable terms of employment.

The Fair Work Commission approved the agreement as a modern award. The Commission found that the agreement provided for a fair and reasonable terms of employment and met the requirements of a modern award. The Commission noted that the agreement provided for a number of benefits for employees, including pay rates, leave entitlements, and conditions of employment. The Commission also found that the agreement was consistent with the objectives of the Fair Work Act and provided for the protection of employees' rights.

The Fair Work Commission approved the Loscam Australia Limited - CFMEU NSW Enterprise Agreement 2014 as a modern award. The agreement will provide for the terms and conditions of employment for employees in the construction industry in New South Wales.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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