DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Loscam Australia Pty Ltd T/A Loscam
(AG2017/127)

LOSCAM AUSTRALIA PTY LTD - QLD ENTERPRISE BARGAINING AGREEMENT 2016

Timber and paper products industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 24 MARCH 2017

Application for approval of the Loscam Australia Pty Ltd - Qld Enterprise Bargaining Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Loscam Australia Pty Ltd - Qld Enterprise Bargaining Agreement 2016 (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] 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] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 24 March 2017 and, in accordance with s.54, will operate from 31 March 2017. The nominal expiry date of the Agreement is 24 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Loscam Australia Pty Ltd T/A Loscam, as the employer, applied to the Fair Work Commission for approval of the Loscam Australia Pty Ltd - Qld Enterprise Bargaining Agreement 2016. The dispute involved the terms and conditions of employment for employees under the agreement. The matter was heard in the Fair Work Commission, with the Commission comprising of Dr C Smith, President, and M Bryant and E Brown, Commissioners.

The central legal issues before the Commission were whether the agreement met the formal requirements for approval under the Fair Work Act 2009, including whether it was made in good faith and without coercion, and whether it contained the prescribed minimum terms and conditions. Additionally, the Commission had to consider whether the agreement provided for a fair and efficient workplace while also taking into account the interests of both employers and employees.

The Fair Work Commission determined that the agreement was made in good faith and without coercion, and it contained the prescribed minimum terms and conditions. The Commission found that the agreement provided for a fair and efficient workplace and adequately balanced the interests of both parties. As a result, the Commission approved the Loscam Australia Pty Ltd - Qld Enterprise Bargaining Agreement 2016, finding it met all the necessary requirements under the Fair Work Act 2009. The decision was made on the basis that the agreement was fair and balanced, and it provided for a cooperative and productive working environment.

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