LCR Group Pty Ltd

[2019] FWCA 568

[2019] FWCA 568

FAIR WORK COMMISSION

DECISION

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

LCR Group Pty Ltd
(AG2018/5342)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 31 JANUARY 2019

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

[1] LCR Group Pty Ltd (LCR Group) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the LCR Group Pty Ltd (Central Queensland) Mobile Crane Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU) objected to the approval of the Agreement, but did not seek to be covered by the Agreement.

[3] On 30 January 2019 undertakings were provided by LCR Group to address concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 7 February 2019. The nominal expiry date of the Agreement is 31 January 2023.

DEPUTY PRESIDENT

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