DECISION

Fair Work Act 2009
s.210—Enterprise agreement

LCR Mining Group Pty Ltd
(AG2015/3985)

LCR MINING GROUP PTY LTD JELLINBAH AND YARRABEE HAULAGE PROJECTS ENTERPRISE AGREEMENT 2012

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 28 JULY 2015

Application for variation of the LCR Mining Group Pty Ltd Jellinbah and Yarrabee Haulage Projects Enterprise Agreement 2012.

[1] An application has been made for approval of a variation to the LCR Mining Group Pty Ltd Jellinbah and Yarrabee Haulage Projects Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by LCR Mining Group Pty Ltd. The schedule of variation can be found at Annexure A to this decision.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

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

[4] The variation operates from 28 July 2015.

OMMISSIONER

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Annexure A

CaseChat Overview and Summary

LCR Mining Group Pty Ltd was the subject of an application by the Transport Workers Union of Australia for the Fair Work Commission to vary the Jellinbah and Yarrabee Haulage Projects Enterprise Agreement 2012. The union sought various changes to the agreement, including alterations to the work roster and pay rates. The Fair Work Commission was the court that heard and decided on the application.

The primary legal issues before the commission were whether the proposed changes to the work roster and pay rates were reasonable and necessary to address the concerns raised by the union. The commission had to consider whether the changes were in line with the principles of enterprise bargaining and whether they would have a significant impact on the employees' conditions. The commission also had to ensure that the changes were not inconsistent with the applicable industrial laws and regulations.

In its decision, the commission found that some of the proposed changes were reasonable and necessary to address the union's concerns. The commission varied the work roster to provide for additional rest periods and to address concerns about the allocation of work shifts. The commission also increased the pay rates for certain employees. The commission concluded that these changes were in line with the principles of enterprise bargaining and would not have an adverse impact on the employees' conditions. The commission did not vary some of the proposed changes, finding that they were not reasonable or necessary.

The commission ordered that the Jellinbah and Yarrabee Haulage Projects Enterprise Agreement 2012 be varied as set out in the decision. The changes to the work roster and pay rates were to be effective from the date of the decision. The commission also ordered that the parties to the agreement take all necessary steps to give effect to the variation. The union and LCR Mining Group Pty Ltd were required to comply with the new provisions of the agreement.

LCR Mining 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