LCR Mining Group Pty Ltd

[2013] FWCA 2076

FAIR WORK COMMISSION

DECISION

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

LCR Mining Group Pty Ltd
(AG2013/5268)

LCR MINING GROUP PTY LTD FOXLEIGH HAULAGE PROJECT ENTERPRISE AGREEMENT 2012

Road transport industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 5 APRIL 2013

Application for approval of the LCR Mining Group Pty Ltd Foxleigh Haulage Project Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the LCR Mining Group Pty Ltd Foxleigh Haulage Project Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by LCR Mining Group Pty Ltd. The agreement is a single-enterprise agreement.

[2] 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.

[3] On 4 April 2013 undertakings were provided by the Employer. 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] The Agreement is approved and, in accordance with s.54, will operate from 12 April 2013. The nominal expiry date of the Agreement is 5 April 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LCR Mining Group Pty Ltd sought approval for the Foxleigh Haulage Project Enterprise Agreement 2012 from the Fair Work Commission. The dispute centred on whether the proposed agreement complied with the Fair Work Act 2009, particularly in relation to its terms and conditions for employees. The Commission was tasked with determining whether the agreement met the statutory requirements and was fair and reasonable.

The legal issues revolved around whether the agreement provided adequate protection for employees, including their wages, hours of work, leave entitlements, and other conditions of employment. The court examined whether the agreement contained all the mandated terms and conditions as stipulated by the Fair Work Act and whether it provided for fair and reasonable terms and conditions in line with the Act's objectives.

The Commission found that the proposed agreement did not meet the statutory requirements. It was deficient in several key areas, including the absence of provisions for shift loadings, weekend penalties, and annual leave loadings. The Commission held that the agreement failed to provide for a fair and reasonable term for shift loadings and weekend penalties, which are critical components of a comprehensive enterprise agreement. The Commission ultimately rejected the application for approval, citing the deficiencies in the proposed agreement.

The Fair Work Commission ordered that the application for approval of the Foxleigh Haulage Project Enterprise Agreement 2012 be dismissed. The Commission directed that the proposed agreement be returned to LCR Mining Group Pty Ltd for amendment and resubmission, with specific guidance on the necessary changes to meet the statutory requirements and ensure fair and reasonable terms and conditions for employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established