DECISION

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

LCR Group Pty Ltd
(AG2016/4081)

LCR GROUP PTY LTD & CFMEU CRANE INDUSTRY GREENFIELDS AGREEMENT 2011-2013

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

Application for termination of the LCR Group Pty Ltd & CFMEU Crane Industry Greenfields Agreement 2011-2013.

[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 & CFMEU Crane Industry Greenfields Agreement 2011-2013 (“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

In the Fair Work Commission, LCR Group Pty Ltd applied for the termination of the LCR Group Pty Ltd & CFMEU Crane Industry Greenfields Agreement 2011-2013. The dispute centred on whether the agreement could be terminated due to the cessation of operations at LCR Group’s site, which effectively made the agreement redundant. The Fair Work Commission was tasked with determining if the agreement should be terminated and, if so, what the implications would be for the employees and the union involved.

The primary legal issue was whether the cessation of operations at LCR Group’s site constituted a significant change in circumstances that warranted the termination of the agreement. The Commission had to consider the precedent set by previous rulings on the termination of enterprise agreements under the Fair Work Act 2009. The case also involved examining the impact of the potential termination on the employees and whether the union's rights and obligations were adequately protected.

The Commission concluded that the cessation of operations was indeed a significant change in circumstances, justifying the termination of the agreement. It found that the termination was necessary to reflect the current employment landscape and to prevent any potential unfairness to the employees. The Commission also noted that the union's rights were preserved under the law, as it had the opportunity to negotiate new terms or seek alternative protections for its members. The Commission's decision was grounded in ensuring fairness and adaptability within the employment framework.

The Commission ordered the termination of the LCR Group Pty Ltd & CFMEU Crane Industry Greenfields Agreement 2011-2013, effective from a specified date. The decision included provisions for the protection of employee rights and the facilitation of any necessary transition processes. The union was granted the right to engage in further discussions to address the concerns of its members post-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