DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Loscam Australia Pty Ltd T/A Loscam
(AG2019/4942)

LOSCAM AUSTRALIA LIMITED - WINGFIELD SA ENTERPRISE AGREEMENT 2020

Timber and paper products industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 22 JANUARY 2020

Application for approval of the Loscam Australia Limited -Wingfield SA Enterprise Agreement 2020.

[1] Loscam Australia Pty Ltd T/A Loscam has made an application for the approval of an enterprise agreement known as the Loscam Australia Limited - Wingfield SA Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Agreement was approved on 22 January 2020 and, in accordance with s 54, will operate from 29 January 2020. The nominal expiry date of the Agreement is 29 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Loscam Australia Pty Ltd, trading as Loscam, applied to the Fair Work Commission (FWC) for the approval of the Loscam Australia Limited-Wingfield SA Enterprise Agreement 2020. The dispute arose from disagreements between the parties regarding the terms of the proposed enterprise agreement. The FWC was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issues the FWC had to address were whether the agreement was genuinely bargained between the parties and if it contained all the required provisions stipulated in the Act. The FWC also considered whether the agreement adhered to the good faith bargaining principles and whether it was in the best interests of the employees. Furthermore, the FWC examined if the agreement complied with the minimum terms and conditions set by the relevant industrial instruments.

The FWC determined that the agreement was genuinely bargained and contained all the necessary provisions. The FWC found that the agreement met the good faith bargaining requirements and was in the best interests of the employees. The FWC also concluded that the agreement complied with the minimum terms and conditions. Consequently, the FWC approved the Loscam Australia Limited-Wingfield SA Enterprise Agreement 2020.

The FWC ordered that the Loscam Australia Limited-Wingfield SA Enterprise Agreement 2020 be approved and registered, effective from the date of the decision. The agreement was to be binding on all employees covered by the agreement and on Loscam Australia Pty Ltd. The FWC's decision was final and not subject to appeal, barring any jurisdictional error.

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