DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LCR Group Pty Ltd
(AG2016/724)

LCR GROUP PTY LTD (SOUTH WEST QUEENSLAND) MOBILE CRANE ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 11 MAY 2016

Application for approval of the LCR Group Pty Ltd (South West Queensland) Mobile Crane Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the LCR Group Pty Ltd (South West Queensland) Mobile Crane Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by LCR Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 11 May 2016 and, in accordance with s.54, will operate from 18 May 2016. The nominal expiry date of the Agreement is 11 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

LCR Group Pty Ltd recently appeared before the Fair Work Commission in an application to approve the LCR Group Pty Ltd (South West Queensland) Mobile Crane Enterprise Agreement 2016. The applicant, LCR Group Pty Ltd, sought approval for a new enterprise agreement which would replace the existing agreement and govern the employment conditions of workers within their mobile crane enterprise. The dispute centred on whether the new agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The court was tasked with determining whether the agreement was a genuine enterprise agreement as defined under the Fair Work Act. This required an examination of whether the agreement was made by the employer and employees, whether it covered a workplace, and whether it met the "better off overall test". This test assesses whether the agreement would provide employees with at least the same pay and conditions as they would receive under the relevant award or safety net. The court also had to consider whether the agreement contained mandatory terms and whether it complied with other statutory requirements.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the proposed agreement was a genuine enterprise agreement. The court determined that the agreement met the statutory requirements and was in the best interests of the employees. The agreement provided for improvements in pay and conditions, and the commission was satisfied that the better off overall test was met. Consequently, the Fair Work Commission approved the LCR Group Pty Ltd (South West Queensland) Mobile Crane Enterprise Agreement 2016, which will now govern the employment conditions of the workers within the enterprise.

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