LCR Group Pty Ltd

[2019] FWCA 5251

[2019] FWCA 5251

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

LCR Group Pty Ltd
(AG2019/1548)

LCR GROUP PTY LTD (SOUTH WEST QUEENSLAND) MOBILE CRANE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 29 JULY 2019

Application for approval of the LCR Group Pty Ltd (South West Queensland) Mobile Crane Enterprise Agreement 2019.

[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 2019 (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 Applicant). The Agreement is a single enterprise agreement.

[2] The F16 lodged contained an error at Question 2.1, indicating that there were 25 employers to be covered by the Agreement. The Applicant filed an amended F16 correcting the error to identify that only 1 employer is to be covered by the Agreement. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be terms of the Agreement. A copy of the undertakings is attached to the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2019. The nominal expiry date of the Agreement is 29 July 2023.

COMMISSIONER

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