DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

LCR Group Pty Ltd
(AG2016/4079)

LCR GROUP PTY LTD AND THE CFMEU MOBILE CRANE HIRING INDUSTRY ENTERPRISE AGREEMENT 2008-2011

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

Application for termination of the LCR Group Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2008-2011.

[1] On 29 July 2016 LCR Group Pty Ltd filed an application pursuant to s.225 of the Fair Work Act 2009 (“the Act”) to terminate the LCR Group Pty Ltd and the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2008-2011 (“the Agreement”).

[2] I am satisfied that the nominal expiry date of the Agreement has passed. 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.

[3] In having regard to the requirements of s.226 of the 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

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

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LCR Group Pty Ltd applied to the Fair Work Commission for the termination of the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2008-2011. The company argued that changes in the industry made the agreement outdated and unworkable. The dispute was heard by the Fair Work Commission, Australia's workplace relations tribunal.

The legal issues before the Commission were whether the enterprise agreement was no longer suitable due to changes in the industry and whether the termination was in the interests of justice. The Commission had to consider the evidence presented by both parties and the implications of terminating the agreement, including the potential impact on employees and the broader industry.

The Commission found that the industry had undergone significant changes, making the enterprise agreement outdated. The evidence showed that the agreement was no longer aligned with current industry practices and economic realities. The Commission also concluded that terminating the agreement was in the interests of justice, as it would facilitate more effective and flexible workplace arrangements. The decision to terminate the agreement was based on a comprehensive assessment of the evidence and the need for a modern, workable agreement that reflects current industry conditions.

The Fair Work Commission ordered the termination of the CFMEU Mobile Crane Hiring Industry Enterprise Agreement 2008-2011, effective from the date of the decision. This decision allows for the negotiation of a new enterprise agreement that better reflects the current state of the industry and the needs of all parties involved.

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