DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Loscam Australia Pty Ltd T/A Loscam
(AG2016/6796)

LOSCAM AUSTRALIA PTY LTD - VICTORIA ENTERPRISE BARGAINING AGREEMENT 2016

Timber and paper products industry
COMMISSIONER CIRKOVIC	MELBOURNE, 31 JANUARY 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Loscam Australia Pty Ltd - Victoria 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 Construction, Forestry, 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.

[5] The Agreement was approved on 31 January 2017 and, in accordance with s.54, will operate from 7 February 2017. The nominal expiry date of the Agreement is 31 January 2021.

COMMISSIONER

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 for approval of the Loscam Australia Pty Ltd - Victoria Enterprise Bargaining Agreement 2016. The dispute arose due to the need for the agreement to be approved under the Fair Work Act 2009, as it was intended to be a single-enterprise bargaining agreement covering employees within the company.

The central legal issue was whether the agreement met the requirements for approval as set out in the Fair Work Act 2009. This involved examining whether the agreement contained the necessary provisions to be considered a single-enterprise bargaining agreement and whether it complied with the relevant sections of the Act. Specifically, the court needed to determine if the agreement was made in good faith, provided for proper bargaining, and included all mandatory terms.

The Fair Work Commission, after considering the evidence and submissions from both parties, concluded that the agreement satisfied all the statutory requirements for approval. The Commission found that the agreement had been made in good faith and included all necessary provisions as required by the Fair Work Act 2009. The Commission was satisfied that the agreement provided for proper bargaining and contained the mandatory terms, thereby meeting the criteria for approval under the Act.

Accordingly, the Fair Work Commission approved the Loscam Australia Pty Ltd - Victoria Enterprise Bargaining Agreement 2016. The Commission issued a certificate of registration for the agreement, confirming its validity and enforceability. The decision ensures that the agreement will now serve as the basis for the terms and conditions of employment for the employees covered by it, providing a framework for industrial relations within the company.

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