LCR Mining Group Pty Ltd T/A LCR Mining Group Pty Ltd Summary

[2022] FWCA 1457

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

LCR Mining Group Pty Ltd T/A LCR Mining Group Pty Ltd

(AG2022/1027)

LCR Jellinbah / Yarrabee Haulage Projects Enterprise Agreement 2021

Road transport industry
COMMISSIONER WILSON	MELBOURNE, 29 APRIL 2022

Application for approval of the LCR Jellinbah / Yarrabee Haulage Projects Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the LCR Jellinbah / Yarrabee Haulage Projects Enterprise Agreement 2021 (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 T/A LCR Mining Group Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Transport Workers’ Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 May 2022. The nominal expiry date of the Agreement is 27 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

LCR Mining Group Pty Ltd, trading as LCR Mining Group Pty Ltd, applied to the Fair Work Commission for approval of the LCR Jellinbah/Yarrabee Haulage Projects Enterprise Agreement 2021. The company sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009, with the objective of setting out the terms and conditions of employment for its haulage drivers.

The primary legal issue before the Fair Work Commission was whether the agreement met the criteria for registration under the Fair Work Act. This involved assessing whether the agreement was a genuine enterprise agreement, whether it contained the necessary minimum terms and conditions, and whether it was made in accordance with the procedural requirements set out in the Act. Additionally, the Commission considered whether the agreement provided for a fair and efficient workplace, including provisions for minimum rates of pay and other entitlements.

The Fair Work Commission determined that the LCR Jellinbah/Yarrabee Haulage Projects Enterprise Agreement 2021 met the requirements for registration. The agreement was found to be a genuine enterprise agreement, containing the necessary minimum terms and conditions and was made in compliance with the procedural requirements. The Commission also concluded that the agreement provided for a fair and efficient workplace, with appropriate provisions for minimum rates of pay and other entitlements. Consequently, the application for approval of the agreement was successful.

As a result of the Commission's decision, the LCR Jellinbah/Yarrabee Haulage Projects Enterprise Agreement 2021 was approved and registered under the Fair Work Act 2009. This registration means that the terms and conditions set out in the agreement will apply to the relevant employees and will be legally enforceable.

LCR Mining Group Pty Ltd T/A LCR Mining Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established