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

[2024] FWCA 3759

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Lcr Mining Group Pty Ltd T/A Lcr Mining Group Pty Ltd

(AG2024/3367)

LCR JELLINBAH / YARRABEE HAULAGE PROJECTS ENTERPRISE

AGREEMENT 2024

Road transport industry
DEPUTY PRESIDENT CROSS	SYDNEY, 29 OCTOBER 2024

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 2024 (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.
I note that the Agreement contains an NES precedence clause at cl.1.5(b), and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards
The Transport Workers’ Union 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 5 November 2024. The nominal expiry date of the Agreement is 27 March 2027.

DEPUTY PRESIDENT

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, was the subject of an application for the approval of the LCR Jellinbah/Yarrabee Haulage Projects Enterprise Agreement 2021, which was heard in the Fair Work Commission. The application involved determining whether the agreement met the requirements of the Fair Work Act 2009 for approval. The dispute centred around whether the agreement appropriately addressed the terms and conditions of employment for the employees covered by it, including minimum rates of pay, classification, and other employment-related matters.

The legal issues before the Commission included whether the agreement contained the necessary minimum terms and conditions as prescribed by the Fair Work Act, whether it was free from prohibited content, and whether it had been genuinely agreed upon by the parties. Additionally, the Commission considered whether the agreement provided for an effective mechanism for its variation and termination, and whether it complied with the procedural fairness requirements under the Act.

The Commission assessed the agreement against the statutory criteria and found that it included all the mandated minimum terms and conditions. The agreement was free from prohibited content and had been genuinely agreed upon by the parties, as evidenced by the consultation process. Furthermore, the agreement provided for mechanisms to vary and terminate it, and the process for approval was conducted in a manner that met the requirements of procedural fairness. Based on these findings, the Commission approved the LCR Jellinbah/Yarrabee Haulage Projects Enterprise Agreement 2021, confirming its compliance with the necessary legislative standards.

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