Loscam Australia Pty Ltd T/A Loscam
[2023] FWCA 2795
•31 AUGUST 2023
| [2023] FWCA 2795 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Loscam Australia Pty Ltd T/A Loscam
(AG2023/2753)
LOSCAM AUSTRALIA PTY LTD - VICTORIA ENTERPRISE BARGAINING AGREEMENT 2023
| Timber and paper products industry | |
| COMMISSIONER LEE | MELBOURNE, 31 AUGUST 2023 |
Application for approval of the Loscam Australia Pty Ltd - Victoria Enterprise Bargaining Agreement 2023
An application has been made for approval of an enterprise agreement known as the Loscam Australia Pty Ltd - Victoria Enterprise Bargaining Agreement 2023 (“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 T/A Loscam. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings 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 the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Construction, Forestry, Maritime, Mining & Energy Union (Manufacturing 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. In accordance with s.201(2) I note that the Agreement covers the organisation.
I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):
· Clause 14.10 - Redundancy.
However, noting clause 6.6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 September 2023. The nominal expiry date of the Agreement is 28 July 2025.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE521337 PR765718>
Annexure A
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