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

[2016] FWCA 5776

[2016] FWCA 5776

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

LCR Mining Group Pty Ltd T/A LCR Mining Group Trust
(AG2016/4075)

LCR MINING DIVISION FOXLEIGH MINE PROJECT EMPLOYEE COLLECTIVE AGREEMENT 2009

Mining industry
DEPUTY PRESIDENT SAMS	SYDNEY, 16 AUGUST 2016

Termination of the LCR Mining Division Foxleigh Mine Project Employee Collective Agreement 2009.

[1] On 29 July 2016, LCR Mining Group Pty Ltd T/A LCR Mining Group Trust made an application to terminate the LCR Mining Division Foxleigh Mine Project Employee Collective Agreement 2009 (the Agreement) under item 16 of schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (the TPCA Act).

[2] Item 16 of schedule 3 of the TPCA Act provides that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 (Cth) (the Act) applies in relation to a collective agreement-based transitional instrument as if a reference to an enterprise agreement included a reference to a collective agreement-based transitional instrument. Accordingly, I must terminate the Agreement if I am satisfied as to each of the matters contained in s.226 of the Act.

[3] There are no employees currently covered by the Agreement. There are no employee organisations covered by the Agreement. Having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[4] The termination will come into effect from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, AC327078  PR584318>