Loscam Australia Pty Ltd Trading AS Loscam Australia Summary

[2025] FWCA 3480

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Loscam Australia Pty Ltd Trading AS Loscam Australia

(AG2025/3335)

LOSCAM AUSTRALIA PTY LTD - VICTORIA ENTERPRISE BARGAINING AGREEMENT 2025 TO 2027

Timber and paper products industry
COMMISSIONER TRAN	MELBOURNE, 17 OCTOBER 2025

Application for approval of the Loscam Australia Pty Ltd - Victoria Enterprise Bargaining Agreement 2025 to 2027

Loscam Australia (ABN: 26 0064 409 91) has applied for approval of an enterprise agreement known as the Loscam Australia Pty Ltd - Victoria Enterprise Bargaining Agreement 2025 to 2027 under s 185 of the Fair Work Act 2009 (Cth).

The Agreement is a single enterprise agreement.

I note that Clause 14.10 – Redundancy is likely to be inconsistent with the National Employment Standards.

Clause 6.7 of the Agreement gives precedence to the NES, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Employer has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Construction, Forestry and Maritime Employees Union – Manufacturing Division (CFMEU -MD) lodged a Form F18 statutory declaration giving notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note the Agreement covers the CFMEU-MD.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 24 October 2025.

In accordance with clause 4.1, the nominal expiry date of the Agreement is 28 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Loscam Australia Pty Ltd Trading as Loscam Australia sought approval for the Loscam Australia Pty Ltd – Victoria Enterprise Bargaining Agreement 2025 to 2027. The application was brought before the Fair Work Commission, which must determine if the agreement complies with the Fair Work Act 2009. The applicant argued that the proposed agreement was fair and reasonable, providing a framework for improved workplace relations. The primary legal issues before the Commission were whether the agreement met the criteria for "better off overall" and "no detriment" as outlined in the Act. Additionally, the Commission had to consider if the agreement appropriately balanced the rights and interests of both employees and the employer.

The Commission examined the proposed agreement, assessing whether it provided for fair and reasonable terms and conditions for employees. The Commission considered the "better off overall" test, which requires that the majority of employees not be worse off financially under the agreement compared to their current terms. It also evaluated if the agreement caused "no detriment" to employees, ensuring that it did not adversely affect the terms and conditions of employment. The Commission also assessed the agreement's alignment with the Fair Work Act, including its compliance with minimum entitlements and provisions for dispute resolution. After thorough examination, the Commission found that the agreement satisfied the necessary legal standards.

The Fair Work Commission approved the Loscam Australia Pty Ltd – Victoria Enterprise Bargaining Agreement 2025 to 2027, recognising that it provided fair and reasonable terms and conditions for the employees. The Commission concluded that the agreement met the "better off overall" and "no detriment" tests, as well as complying with the Fair Work Act. The decision was based on a detailed analysis of the proposed terms, which demonstrated a fair balance of rights and interests between the employer and employees. This approval allows the agreement to be registered and enforceable, providing a framework for improved workplace relations for the duration of the agreement.

Loscam Australia Pty Ltd Trading AS Loscam Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established