LCR Group Pty Ltd

LCR Group Pty Ltd has applied to the Fair Work Commission for a variation of the LCR Group Pty Ltd Mobile Crane Enterprise Agreement 2011. The application was opposed by the United Voice union, which represents the employees covered by the agreement. The Commission's decision to refuse the application was challenged by LCR in the Federal Circuit Court. The court had to determine whether there was an apprehension of bias in the Commission's decision-making process.

The primary legal issue was whether the delegate from the Commission who made the decision was affected by an apprehended bias, as alleged by LCR. LCR argued that the delegate had pre-determined the outcome of the application, and that this was evident in the reasons for the decision. The court considered whether there was any real likelihood that the decision-maker's mind had been closed to the merits of the case. The court also considered whether the decision-maker had any actual bias, or whether there was an appearance of bias that might lead a reasonable observer to think that the decision-maker was not impartial.

The court found that there was no apprehended bias in the decision-maker's approach to the case. The court found that the decision-maker had considered all of the evidence and arguments presented by both parties and had made a decision based on the merits of the case. The court found that there was no evidence of any pre-determination or closed mind on the part of the decision-maker. The court also found that there was no actual bias, and that any appearance of bias was not such as to lead a reasonable observer to think that the decision-maker was not impartial. The court dismissed the application for judicial review.

The court found that the decision of the Fair Work Commission was lawful and that there was no apprehended bias in the decision-making process. The court dismissed the application for judicial review and affirmed the decision of the Commission. The court made no orders as to costs.