DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

LCR Group Pty Ltd
(AG2016/4067)

LCR LINDORES GROUP PTY LTD/CFMEU ENTERPRISE AGREEMENT EXPIRING 31 OCTOBER 2005

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 12 AUGUST 2016

Application for termination of the LCR Lindores Group Pty Ltd / CFMEU Enterprise Agreement expiring 31 October 2005.

[1] On 29 July 2016 LCR Group Pty Ltd filed an application pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (“the TPCA Act”) to terminate the LCR Lindores Group Pty Ltd / CFMEU Enterprise Agreement expiring 31 October 2005(“the Agreement”).

[2] The Agreement is a collective agreement-based transitional instrument which has passed its nominal expiry date.

[3] Item 16, Schedule 3 of the TPCA Act states that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (“the FW Act”) applies to applications to terminate collective agreement-based transitional instruments that have passed their nominal expiry date.

[4] I have taken into consideration the views of any Unions covered by the Agreement (noting that no objection was received or adverse view expressed). I further indicate that the employer has declared that no employees are performing work under the Agreement any longer.

[5] In having regard to the requirements of s.226 of the FW Act and based on the material that is before me, I am satisfied that:

● it is not contrary to the public interest to terminate the Agreement; and

● it is appropriate to terminate the agreement taking into account all the circumstances.

[6] In accordance with s.227 of the FW Act, the termination will come into effect from today.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The LCR Group Pty Ltd applied to terminate the LCR Lindores Group Pty Ltd / CFMEU Enterprise Agreement, which was set to expire on 31 October 2005. The dispute arose when the applicant sought to end the agreement early, citing certain conditions within the agreement that justified such a move. The matter was heard in the Fair Work Commission, which was tasked with determining whether the application met the criteria for early termination under the Fair Work Act 2009.

The primary legal issue before the court was whether the applicant had provided sufficient grounds for terminating the enterprise agreement prior to its expiration date. The court needed to assess whether the applicant's reasons aligned with the criteria outlined in section 235 of the Fair Work Act, which allows for the termination of an enterprise agreement if certain conditions are met, such as a significant change in circumstances. The court also had to consider whether the applicant's actions were in accordance with procedural fairness, given the potential impact on the employees covered by the agreement.

In delivering its decision, the court examined the evidence presented by the applicant and weighed it against the statutory requirements for early termination. The court found that the applicant had not demonstrated a significant change in circumstances warranting the termination of the agreement. Additionally, the court noted that the applicant had not followed the proper procedural steps required by the Act, which further undermined the application. Consequently, the court rejected the applicant's request for early termination.

LCR Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established