Loscam Australia Pty Ltd T/A Loscam Summary

[2025] FWCA 622

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Loscam Australia Pty Ltd T/A Loscam

(AG2025/136)

LOSCAM AUSTRALIA PTY LTD - QLD ENTERPRISE BARGAINING AGREEMENT 2025 - 2028

Timber and paper products industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 17 FEBRUARY 2025

Application for approval of the Loscam Australia Pty Ltd - Qld Enterprise Bargaining Agreement 2025 - 2028

An application has been made for approval of an enterprise agreement known as the Loscam Australia Pty Ltd - Qld Enterprise Bargaining Agreement 2025 - 2028 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

On the basis of the material before the Fair Work Commission, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 February 2025. The nominal expiry date of the Agreement is 1 January 2029.

The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the Australian Workers’ Union.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Loscam Australia Pty Ltd, trading as Loscam, filed an application with the Fair Work Commission (FWC) seeking approval for the Loscam Australia Pty Ltd - Qld Enterprise Bargaining Agreement 2025 - 2028. The dispute centred around whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The FWC was tasked with determining whether the agreement was in the public interest, complied with the provisions of the Act, and had been negotiated in good faith.

The legal issues before the FWC included whether the agreement adequately provided for the employees' rights and protections, and if it met the criteria for good faith negotiation and public interest consideration. The FWC examined whether the agreement contained provisions that were contrary to public policy or were otherwise unacceptable. Additionally, the FWC needed to assess if the agreement had been negotiated fairly and in good faith between the employer and the employees.

In its decision, the FWC found that the Loscam Australia Pty Ltd - Qld Enterprise Bargaining Agreement 2025 - 2028 was in compliance with the statutory requirements. The FWC noted that the agreement provided for the employees' rights and protections, including minimum wage rates, leave entitlements, and dispute resolution mechanisms. The FWC concluded that the agreement had been negotiated in good faith and did not contain provisions that were contrary to public policy or unacceptable. Consequently, the FWC approved the agreement.

The FWC issued an approval order for the Loscam Australia Pty Ltd - Qld Enterprise Bargaining Agreement 2025 - 2028, effective from the date of the decision. This approval meant that the agreement could be registered and would then be applicable to the employees covered by the agreement, setting the terms and conditions of their employment for the specified period.

Loscam Australia Pty Ltd T/A Loscam

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established