DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Loscam Australia Pty Ltd T/A Loscam
(AG2021/6319)

LOSCAM AUSTRALIA LIMITED – CFMMEU NSW MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2021 – 2023

Timber and paper products industry
COMMISSIONER JOHNS	SYDNEY, 30 JULY 2021

Application for approval of the Loscam Australia Limited - CFMMEU NSW MANUFACTURING DIVISION Enterprise Agreement 2021-2023.

[1] An application has been made for approval of an enterprise agreement known as the Loscam Australia Limited - CFMMEU NSW MANUFACTURING DIVISION Enterprise Agreement 2021-2023 (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 T/A Loscam. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2021. The nominal expiry date of the Agreement is 8 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Enterprise Agreement between Loscam Australia Pty Ltd, trading as Loscam, and the Construction, Forestry, Maritime, Mining and Energy Union NSW Manufacturing Division. The parties sought to have the agreement, which covered the period from 2021 to 2023, officially recognised by the court. The application was brought in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The central legal issue before the court was whether the Enterprise Agreement met the statutory criteria for approval. Specifically, the court had to consider if the agreement provided for a fair and efficient workplace, and whether it had been made in good faith. The court also needed to examine if the agreement adequately addressed matters such as wages, hours of work, and other conditions of employment in a manner consistent with the principles of the Fair Work Act.

In examining the agreement, the court took into account the evidence provided by both parties and the bargaining processes that had been followed. The court noted that the agreement included provisions for wage increases, changes to working hours, and other employment conditions that appeared to be fair and reasonable. Additionally, the court found that the agreement had been made in good faith and that the bargaining process had been conducted appropriately. Based on these findings, the court concluded that the agreement met the necessary criteria for approval under the Act.

Accordingly, the court approved the Enterprise Agreement, and it will now be a legally binding contract between Loscam Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union NSW Manufacturing Division for the specified period. The approval ensures that the terms and conditions of employment set out in the agreement will be enforceable by both parties.

Loscam Australia Pty Ltd T/A Loscam

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established