LCR Group Pty Ltd

[2023] FWCA 2307

[2023] FWCA 2307

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.225—Enterprise agreement

LCR Group Pty Ltd

(AG2023/1970)

LCR GROUP PTY LTD (CENTRAL QUEENSLAND) MOBILE CRANE ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 25 JULY 2023

Application for termination of the LCR Group Pty Ltd (Central Queensland) Mobile Crane Enterprise Agreement 2018

1. LCR Group Pty Ltd (LCR Group/the Applicant) has applied to the Fair Work Commission (the Commission) pursuant to s.225 of the Fair Work Act 2009 (the Act) to terminate the LCR Group Pty Ltd (Central Queensland) Mobile Crane Enterprise Agreement 2018 (the Agreement). The Agreement was approved on 31 January 2019 and nominally expired on 31 January 2023. The Agreement has passed its nominal expiry date.

1. Section 226(1)(b) of the Act requires the Commission to terminate an enterprise agreement if the conditions in that section are met. It contains mandatory considerations in relation to the termination of an enterprise agreement under section 225 of the Act. These considerations include, relevantly, if the Commission is satisfied that the Agreement does not, and is not likely to, cover any employees. Dealing with the matters of relevance in this case, a Hearing was held by video using Microsoft Teams on 25 July 2023 and the employer representative provided documentation and submissions confirming the following:

1. No employees covered by the Agreement: Ms Brook McNamara, National HR Advisor for the Applicant, filed a Form 24C Statutory Declaration in support of the application to terminate the Agreement. In her declaration, Ms McNamara stated that LCR has closed the Central Queensland crane operations since 2 February 2023 and there are no plans to resume crane operations at this site. There are no employees engaged under the Agreement. I am satisfied that the Agreement does not, and is not likely to, cover any employees.

1. Views of persons covered: LCR Group supports the termination of the Agreement. The Agreement does not cover any Union. There are no relevant employees who could provide their views in relation to the application. Evidence was provided of the Employer’s communication to the ten employees of the closure of the business at this site.

2. Effect on bargaining: There is no evidence of any bargaining for an enterprise agreement that will cover the same, or substantially the same, group of employees as the existing agreement, or that the application was made at or after the notification time for such a proposed enterprise agreement. In her statutory declaration, Ms McNamara stated that the employer has no employees engaged under the Agreement and the employer has closed the Central Queensland operations, with no current or future plans to employ workers under the Agreement.

3. Ms McNamara submitted that proper industrial standards and a safety net are provided for in the form of the Mobile Crane Hiring Award 2010 and the operation of the National Employment Standards as prescribed by the Fair Work Act.

1. Taking into account the information provided in response to the matters in s.226 of the Act, I consider it appropriate to terminate the Agreement on the basis that the material satisfies the legislative requirements. The application is therefore granted, and the Agreement is terminated. The termination of the Agreement will take effect from 25 July 2023.

1. I Order accordingly.

COMMISSIONER

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