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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LCR Group Pty Ltd sought approval of the LCR Group Pty Ltd (Central Queensland) Mobile Crane Enterprise Agreement 2018, which was referred to the Fair Work Commission for consideration and approval. The applicant argued that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The respondents, who were employees represented by unions, contested the application on various grounds, including that the agreement did not adequately protect employees' rights and conditions of employment.

The legal issues before the Commission involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, whether it complied with the provisions of the Act, and whether it was in the best interests of the employees. The Commission also had to consider whether the agreement provided for adequate protections for employees, including provisions for minimum wages, leave entitlements, and other conditions of employment.

The Fair Work Commission found that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commission considered that the agreement provided for adequate protections for employees, including provisions for minimum wages, leave entitlements, and other conditions of employment. The Commission also found that the agreement complied with the provisions of the Act and was in the best interests of the employees. The Commission approved the agreement, subject to certain modifications to address the concerns raised by the respondents.

The Fair Work Commission approved the LCR Group Pty Ltd (Central Queensland) Mobile Crane Enterprise Agreement 2018, subject to modifications. The modifications included changes to the provisions relating to shift penalties, overtime rates, and the calculation of penalty rates for public holidays. The Commission also made orders for the agreement to be registered and published, and for the agreement to come into effect on a specified date. The parties were directed to take all necessary steps to give effect to the approved 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