DECISION

Fair Work Act 2009
s.210—Enterprise agreement

LCR Group Pty Ltd T/A LCR Group Pty Ltd
(AG2020/2883)

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

Building, metal and civil construction industries
COMMISSIONER BOOTH	BRISBANE, 5 NOVEMBER 2020

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

[1] An application has been made for approval of a variation to the LCR Group Pty Ltd (Central Queensland) Mobile Crane Enterprise Agreement 2018 (the Agreement). The application was made by LCR Group Pty Ltd T/A LCR Group Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 31 January 2019. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 5 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LCR Group Pty Ltd, trading as LCR Group Pty Ltd, applied to the Fair Work Commission for a variation of the LCR Group Pty Ltd (Central Queensland) Mobile Crane Enterprise Agreement 2018. The application was brought under the Fair Work Act 2009 and sought amendments to the existing enterprise agreement. The primary dispute centred on the terms and conditions of employment for the workers covered by the agreement, particularly regarding wages, hours, and conditions of work.

The legal issues before the court involved interpreting the provisions of the Fair Work Act and the existing enterprise agreement. The applicant sought to introduce changes to the agreement to reflect the current economic environment and operational needs of the business. The issues included whether the proposed changes were consistent with the requirements of the Act, including the "better off overall test" which ensures that employees are not worse off financially as a result of the changes. The court also needed to consider the fairness and reasonableness of the proposed changes in the context of the bargaining power of the parties.

In its decision, the Fair Work Commission considered the evidence presented by both parties and assessed the proposed changes against the statutory criteria. The Commission found that the proposed changes were reasonable and did not disadvantage the employees. The Commission emphasised that the changes were necessary to ensure the continued viability of the business and would not negatively impact the employees' overall conditions. The Commission approved the variation of the enterprise agreement, allowing the applicant to implement the changes as proposed. The decision underscored the importance of balancing the needs of the business with the rights and protections of the employees under the Fair Work Act. The court's ruling provided clarity and certainty for both parties moving forward, enabling the applicant to adjust its operations in response to changing circumstances.

LCR Group Pty Ltd T/A 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