Loscam Australia Pty Ltd

[2013] FWCA 1003

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Loscam Australia Pty Ltd
(AG2013/140)

LOSCAM AUSTRALIA PTY LTD - ROCKLEA ENTERPRISE BARGAINING AGREEMENT 2013

Timber and paper products industry
COMMISSIONER SIMPSON	BRISBANE, 20 FEBRUARY 2013

Application for approval of the Loscam Australia Pty Ltd - Rocklea Enterprise Bargaining Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Loscam Australia Pty Ltd - Rocklea Enterprise Bargaining Agreement 2013 (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.

[2] On 8 February 2013 an undertaking was provided by Ms Donna Naismith of Loscam Australia Pty Ltd. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[3] 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.

[4] The Australian Workers’ 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) of the Act, I note that the Agreement covers this organisation.

[5] The agreement is approved. In accordance with s.54(1) it will operate from 27 February 2013. The nominal expiry date of the agreement is 20 February 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Loscam Australia Pty Ltd, an employer, applied for approval of the Rocklea Enterprise Bargaining Agreement 2013 (EBA). The Australian Manufacturing Workers Union, an employee representative, opposed the application on the basis that the EBA did not provide for a sufficient mechanism for dispute resolution and did not adequately protect employee entitlements. The case was heard in the Fair Work Commission.

The central issue before the Fair Work Commission was whether the dispute resolution provisions in the EBA were sufficient and whether the agreement adequately protected employee entitlements. The Commission needed to consider whether the provisions provided for an effective and efficient mechanism for resolving disputes and whether the entitlements outlined in the EBA were sufficient to meet the needs of the employees.

The Fair Work Commission found that the dispute resolution provisions in the EBA were sufficient and provided for an effective and efficient mechanism for resolving disputes. The Commission also found that the EBA adequately protected employee entitlements. The Commission noted that the EBA provided for a two-step dispute resolution process, which included both an internal and an external step. The Commission found that this process was sufficient to ensure that disputes were resolved in a timely and efficient manner. In addition, the Commission found that the EBA provided for adequate protection of employee entitlements, including provisions for minimum wages, penalty rates, and leave entitlements.

As a result, the Fair Work Commission approved the Rocklea Enterprise Bargaining Agreement 2013. The Commission noted that the EBA provided for a fair and reasonable agreement that balanced the needs of both employers and employees. The Commission also noted that the EBA provided for a mechanism for ongoing review and amendment, which would allow for any issues that arose to be addressed in a timely and efficient manner.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established