LCR Mining Group Pty Ltd

[2013] FWCA 487

FAIR WORK COMMISSION

DECISION

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

LCR Mining Group Pty Ltd
(AG2012/14300)

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

Road transport industry
COMMISSIONER ASBURY	BRISBANE, 21 JANUARY 2013

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

[1] An application has been made for approval of an enterprise agreement known as the LCR Mining Group Pty Ltd Jellinbah and Yarrabee Haulage Projects 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 18 January 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 28 January 2013. The nominal expiry date of the Agreement is 21 January 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved LCR Mining Group Pty Ltd, which sought approval for the Jellinbah and Yarrabee Haulage Projects Enterprise Agreement 2012. The applicants, who were employers, aimed to have the agreement, which contained terms and conditions for employees, formally recognised and enforceable under the Fair Work Act 2009. The legal dispute centred on whether the agreement met the necessary criteria for approval, including if it had been genuinely negotiated and provided for fair and reasonable terms and conditions.

The primary legal issues the court needed to address were whether the agreement had been made in good faith and if it contained all the mandated terms and conditions as stipulated by the Fair Work Act. The court had to determine if the agreement was a genuine enterprise agreement, considering the extent of the negotiations and the representation of the workforce. Another aspect was whether the agreement covered all the minimum terms prescribed by the Fair Work Act and if it was fair and reasonable in the context of the industry and the specific enterprise.

The court found that the agreement was genuinely negotiated and covered all the required minimum terms. The applicants demonstrated that they had engaged in genuine negotiations with the workforce, represented by the relevant union, and that the agreement reflected the interests of both parties. The court further concluded that the agreement was fair and reasonable, taking into account the industry standards and the specific circumstances of the enterprise. Consequently, the court approved the agreement, allowing it to be formally recognised and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established