Construction, Forestry, Mining and Energy Union v LCR Group Pty Ltd

[2015] FWC 3199

[2015] FWC 3199

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.229—Bargaining order

Construction, Forestry, Mining and Energy Union
v
LCR Group Pty Ltd
(B2015/72)

SENIOR DEPUTY PRESIDENT HAMBERGER SYDNEY, 8 MAY 2015

Application for a bargaining order.

[1] This is an edited version of a decision given ex tempore on Friday 8 May 2015. It concerns an application by the Construction, Forestry, Mining and Energy Union (CFMEU, the applicant) for bargaining orders in relation to a proposed enterprise agreement with LCR Mining Group Proprietary Ltd.

[2] A hearing was conducted on 8 May 2015. The applicant was represented by Mr K Endacott and Mr J Drayton. The respondent did not appear. However I am satisfied that the respondent was properly served with the application and notice of listing.

[3] In accordance with section 230 of the Fair Work Act, the Commission may make a bargaining order in relation to a proposed enterprise agreement if:

(a) an application for the order has been made;
(b) the requirements of the section are met in relation to the agreement; and
(c) the Commission is satisfied that it is reasonable in all the circumstances to make the order.

[4] In the circumstances of this case I must be satisfied that LCR Mining has agreed to bargain for the agreement, and that it has not met the good-faith bargaining requirements, and that the CFMEU has met the notification requirements under subsection 229(4).

In brief, I am satisfied that:

● the CFMEU has met the requirements under s.229 (4) (through Mr Drayton’s letter of 20 April 2015);
● LCR Mining has agreed to bargain for the agreement (through Ms Micairan’s letter of 26 August 2014); and that
● LCR Mining has not met the good-faith bargaining requirements.

[5] With regard to the good-faith bargaining requirements, while I note that there have been two meetings, I am not satisfied, in particular, that LCR Mining has met its obligations with regard to:

● responding to proposals made by the CFMEU in a timely manner; and
● giving genuine consideration to the CFMEU’s proposals, and giving reasons for its responses to those proposals.

[6] The order I am going to make will require LCR Mining to give genuine consideration to the CFMEU’s proposals, as outlined in Mr Drayton’s previous correspondence and in the previous meetings, meet with the CFMEU within the next 14 days, provide a response to each of the issues that the CFMEU has raised in that correspondence and the previous meetings, including the reasons for that response. I am also going to order the CFMEU to provide its considered response within 14 days of LCR Mining’s response. The parties will be required to hold a second meeting to see if they can reach agreement on an enterprise agreement.

[7] I have issued an order giving effect to this decision (PR567187).

SENIOR DEPUTY PRESIDENT

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<Price code A, PR567186>