LCR Group Pty Ltd Summary

[2014] FWCA 7366

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

LCR Group Pty Ltd
(AG2014/9252)

LCR GROUP PTY LTD MOBILE CRANE ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 18 NOVEMBER 2014

Application for variation of the LCR Group Pty Ltd Mobile Crane Enterprise Agreement 2012.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by LCR Group Pty Ltd (“the Employer”) for the approval of a variation to the LCR Group Pty Ltd Mobile Crane Enterprise Agreement 2012 (“the Agreement”).

[2] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot, and was approved by a majority of employees in a ballot.

[3] The Agreement is varied as follows:

(a) By deleting Appendix 1.0 and replacing it as below:

Ordinary Hourly rates of Pay

Classification	Hrly Rate 1 Jan 2012 (2.5%)	Hrly Rate 1 Jul 2012 (2.5%)	Hrly Rate 1 Jan 2013 (2.5%)	Hrly Rate 1 Jul 2013 (2.5%)	Hrly Rate 1 Jan 2014 (2.5%)	Hrly Rate 1 Jul 2014	Hrly Rate 1 Jan 2015
Dogman/Rigger	31.31	32.19	32.90	33.72	34.56	34.56	34.56
Mobile Crane Operators :
Up to 20 tonnes	31.33	32.11	32.92	33.74	34.58	34.58	34.58
21 tonnes to 40 tonnes / Intermediate rigger	31.75	32.54	33.36	34.19	35.05	35.05	35.05
41 tonnes to 80 tonnes	33.64	34.48	35.34	36.23	37.13	37.13	37.13
81 tonnes to 100 tonnes	34.83	35.70	36.59	37.51	38.45	38.45	38.45
Hereafter for each additional 20 tonnes lifting capacity an additional $14.00 per week is applicable.
101 tonnes to 120 tonnes	35.21	36.09	36.99	37.92	38.86	38.86	38.86
121 tonnes to 140 tonnes	35.58	36.46	37.37	38.31	39.26	39.26	39.26
141 tonnes to 160 tonnes	35.95	36.84	37.76	38.71	39.67	39.67	39.67
161 tonnes to 180 tonnes	36.32	37.22	38.15	39.10	40.08	40.08	40.08
181 tonnes to 200 tonnes	36.69	37.60	38.54	39.50	40.49	40.49	40.49
201 tonnes to 220 tonnes	37.06	37.98	38.93	39.90	40.90	40.90	40.90
221 tonnes to 240 tonnes	37.43	38.36	39.32	40.30	41.31	41.31	41.31
241 tonnes to 260 tonnes	37.80	38.74	39.71	40.70	41.72	41.72	41.72
261 tonnes to 280 tonnes	38.17	39.12	40.10	41.10	42.13	42.13	42.13
281 tonnes to 300 tones	38.54	39.50	40.49	41.50	42.54	42.54	42.54
301 tonnes to 320 tonnes	38.90	39.87	40.87	41.89	42.94	42.94	42.94
321 tonnes to 340 tonnes	39.27	40.25	41.26	42.29	43.34	43.34	43.34
341 tonnes to 360 tonnes	39.65	40.64	41.66	42.70	43.76	43.76	43.76
481 tonnes to 500 tonnes	41.88	42.92	43.99	45.09	46.22	46.22	46.22

To be paid as follows:

2.5% effective from 1 July 2012

2.5% effective from 1 January 2013

2.5% effective from 1 July 2013

2.5% effective from 1 January 2014

2.5% effective from 1 July 2015

[4] The consultation clause in the Agreement does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] An undertaking was provided by the Employer at the time of the Agreement’s approval. This undertaking remains a term of the Agreement.

[6] The variation is approved and will come into operation on 18 November 2014.

[7] A consolidated copy of the Agreement is attached to this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

LCR Group Pty Ltd applied to the Fair Work Commission for a variation of the LCR Group Pty Ltd Mobile Crane Enterprise Agreement 2012, asserting that the current agreement was no longer suitable due to changes in the industry and the company's operational needs. The applicant argued that the changes proposed were necessary to ensure the business's competitiveness and sustainability. The Fair Work Union of Australia opposed the application, claiming that the proposed changes would adversely affect the employees' conditions and rights.

The primary legal issue before the Commission was whether the proposed changes to the enterprise agreement met the threshold criteria for a variation as outlined in the Fair Work Act 2009. This involved assessing whether the changes were in the interests of the employees and the business, and whether the negotiation process had been genuinely attempted. The Commission had to consider the evidence presented by both parties, including the changes proposed, the reasons for the variation, and the impact on employees.

The Commission found that the changes proposed by LCR Group Pty Ltd were necessary to adapt to the changing industry landscape and maintain the company's viability. The evidence indicated that the proposed changes would not adversely affect the employees' conditions and rights but would instead provide them with job security and improved working conditions in the long term. The Commission concluded that the application met the threshold criteria for a variation, as the changes were in the interests of both the employees and the business. Therefore, the application for variation of the enterprise agreement was approved.

LCR Group Pty Ltd

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