LCR Mining Group Pty Ltd

[2018] FWC 7167

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

LCR Mining Group Pty Ltd

(AG2016/4285)

LCR Jellinbah / Yarrabee Haulage Projects Enterprise Agreement 2016

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 22 NOVEMBER 2018

Application for approval of the LCR Jellinbah / Yarrabee Haulage Projects Enterprise Agreement 2016.

In addition to the jurisdictional decision [[2017] FWC 1581] I released on this Agreement, responses were also received in regard to the approval of the Agreement as per the consent directions.[1]

Following this I directed that the approval decision I made at that time be published and issued in the usual way. Due to an administrative error in Chambers, that did not occur at that time. The approval decision has now been published in [[2018] FWCA 7166].

COMMISSIONER

[1] Transcript of hearing dated 17 January 2017, at PN1004.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, LCR Mining Group Pty Ltd sought approval for the LCR Jellinbah/Yarrabee Haulage Projects Enterprise Agreement 2016. The agreement was proposed as a new enterprise agreement to replace existing agreements and was to apply to employees working under the Haulage Projects Enterprise Agreement 2012 and the Mining Projects Enterprise Agreement 2012. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009, specifically whether it met the conditions for being an enterprise agreement and whether it contained the necessary protections for employees.

The legal issues before the Commission involved determining whether the proposed agreement was an "enterprise agreement" within the meaning of the Fair Work Act and whether it met the criteria for being a "protected action" agreement. The Commission had to consider whether the agreement was made in good faith and whether it was properly certified by an independent third party. Additionally, the Commission examined whether the agreement contained the necessary minimum terms and conditions and whether it was consistent with the provisions of the Fair Work Act.

The Commission found that the proposed agreement was an enterprise agreement that met the requirements of the Fair Work Act. It was determined that the agreement was made in good faith and was properly certified. The Commission also concluded that the agreement contained the necessary minimum terms and conditions and that it was consistent with the provisions of the Fair Work Act. The agreement was approved as it provided for a fair and reasonable system of classification and remuneration for employees, as well as addressing other matters that were necessary for the operation of the enterprise. The Commission was satisfied that the agreement provided adequate protections for employees and that it would contribute to the efficient operation of the enterprise.

The Fair Work Commission approved the LCR Jellinbah/Yarrabee Haulage Projects Enterprise Agreement 2016, effective from the date of the decision. The agreement was to replace the existing Haulage Projects Enterprise Agreement 2012 and the Mining Projects Enterprise Agreement 2012, and it was to apply to the employees covered by those agreements. The approval of the new agreement ensures that the employees of LCR Mining Group Pty Ltd have a fair and reasonable enterprise agreement in place, which meets the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established