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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CaseChat Overview and Summary

In the Fair Work Commission, LCR Group Pty Ltd applied for approval of the LCR Group Pty Ltd (South West Queensland) Mobile Crane Enterprise Agreement 2019. The application was made pursuant to section 233 of the Fair Work Act 2009, seeking the Commission to make an order approving the agreement. The applicant argued that the agreement contained appropriate provisions for the protection of employees and that it met the 'better off overall test' as it provided for various improvements in terms and conditions of employment.

The legal issues before the Commission included whether the agreement contained appropriate protections for employees, whether it met the 'better off overall test', and whether it complied with the requirements of the Fair Work Act 2009. The Commission had to consider the provisions of the agreement in light of the relevant legislative provisions and ensure that the agreement was fair and reasonable.

The Commission found that the agreement contained appropriate protections for employees and met the 'better off overall test'. The agreement provided for improvements in terms and conditions of employment, including wage increases, improved leave provisions, and the introduction of a new grievance procedure. The Commission was satisfied that the agreement was fair and reasonable and met the requirements of the Fair Work Act 2009. Accordingly, the Commission approved the agreement and made an order to that effect.

The Commission's final order was that the LCR Group Pty Ltd (South West Queensland) Mobile Crane Enterprise Agreement 2019 be approved and registered with the Fair Work Commission. The order also provided that the agreement would come into effect on the first day of the first agreed pay period after the registration of the agreement. The applicant was required to provide a copy of the approved agreement to the Fair Work Ombudsman within 21 days of the registration of the agreement.

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