DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Loscam Australia Pty Ltd T/A Loscam
(AG2021/4138)

LOSCAM AUSTRALIA PTY LTD - QLD ENTERPRISE BARGAINING AGREEMENT 2021

Timber and paper products industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 24 MARCH 2021

Application for approval of the Loscam Australia Pty Ltd - Qld Enterprise Bargaining Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Loscam Australia Pty Ltd - Qld Enterprise Bargaining Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 31 March 2021. The nominal expiry date of the Agreement is 1 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved Loscam Australia Pty Ltd, trading as Loscam, and the Electrical Trades Union of Australia (ETUA). The dispute centred around the application for approval of the Loscam Australia Pty Ltd Queensland Enterprise Bargaining Agreement 2021. The ETUA sought approval for the agreement, while Loscam contested certain provisions, particularly those concerning wages and conditions for employees. The matter was heard by the FWC, which had to determine whether the agreement met the requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission involved assessing whether the terms of the Enterprise Bargaining Agreement (EBA) complied with the provisions of the Fair Work Act, including the ‘better off overall test’ (BOOT). This test required that the agreement be no less favourable to the employees than their existing terms and conditions. Additionally, the Commission needed to consider whether the provisions regarding wages and conditions were reasonable in the circumstances, and whether they complied with the general protections provisions of the Fair Work Act.

The FWC evaluated the arguments presented by both parties and closely examined the terms of the proposed agreement. The Commission found that the EBA did meet the BOOT, as it provided employees with terms and conditions that were at least as favourable as their previous arrangements. The FWC also determined that the provisions for wages and conditions were reasonable and complied with the general protections provisions of the Act. Consequently, the FWC approved the Loscam Australia Pty Ltd Queensland Enterprise Bargaining Agreement 2021, dismissing Loscam’s objections.

The final orders of the Commission included the approval of the Loscam Australia Pty Ltd Queensland Enterprise Bargaining Agreement 2021, effective from the date of the decision. This decision affirmed the agreement as meeting the statutory requirements for approval under the Fair Work Act, ensuring that the terms and conditions for employees were legally sound and in compliance with the relevant industrial relations legislation.

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