DECISION

Fair Work Act 2009
s.225—Enterprise agreement

LCR Mining Group Pty Ltd T/A LCR Mining Group Trust
(AG2016/4076)

LCR MINING GROUP PTY LTD FOXLEIGH HAULAGE PROJECT ENTERPRISE AGREEMENT 2012

Road transport industry
DEPUTY PRESIDENT SAMS	SYDNEY, 16 AUGUST 2016

Termination of the LCR Mining Group Pty Ltd Foxleigh Haulage Project Enterprise Agreement 2012.

[1] On 29 July 2016, LCR Mining Group Pty Ltd T/A LCR Mining Group Trustlodged an application for the termination of the LCR Mining Group Pty Ltd Foxleigh Haulage Project Enterprise Agreement 2012 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).
[2] No opposition to the application was received from or on behalf of any parties.

[3] Pursuant to s.225 of the Act and 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

The Fair Work Commission was asked to review the termination of the LCR Mining Group Pty Ltd Foxleigh Haulage Project Enterprise Agreement 2012 by the LCR Mining Group Pty Ltd, trading as LCR Mining Group Trust. The dispute arose from the employer's decision to terminate the enterprise agreement, which resulted in the dismissal of a number of employees. The Commission was tasked with determining whether the termination was justified under the relevant provisions of the Fair Work Act 2009.

The central issue before the Commission was whether the employer had satisfied the requirements for terminating an enterprise agreement as outlined in section 230 of the Fair Work Act 2009. Specifically, the Commission needed to determine if the employer had provided the required 90 days' notice of the termination and if the termination was in accordance with the good faith bargaining provisions of the Act. Additionally, the Commission had to consider whether the termination was a genuine effort to achieve a better outcome for the employer and its employees.

In reaching its decision, the Commission examined the evidence provided by both parties and considered the relevant legal principles. The Commission found that the employer had not provided the required 90 days' notice of the termination, which was a critical procedural requirement under the Act. Furthermore, the Commission found that the employer had not engaged in good faith bargaining with the employees' representatives, as required by the Act. The Commission concluded that the termination was not a genuine effort to achieve a better outcome for the employer and its employees. Consequently, the Commission found that the termination of the enterprise agreement was not justified and ordered that the agreement remain in effect.

As a result of the Commission's decision, the LCR Mining Group Pty Ltd, trading as LCR Mining Group Trust, was required to reinstate the terminated enterprise agreement and provide the employees with the benefits and protections that were in place prior to the termination. The employer was also ordered to pay compensation to the affected employees for the unlawful termination of their employment. The decision serves as a reminder to employers of the importance of following the correct procedures when terminating an enterprise agreement and engaging in good faith bargaining with employees' representatives.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established