Lucas Total Contract Solutions (Services) Pty Ltd

[2015] FWCA 2096

[2015] FWCA 2096

FAIR WORK COMMISSION

DECISION

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

Lucas Total Contract Solutions (Services) Pty Ltd
(AG2014/10916)

LUCAS TCS ENTERPRISE AGREEMENT 2014

Mining industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 26 MARCH 2015

Application for approval of the Lucas TCS Enterprise Agreement 2014.

[1] An application for approval of an enterprise agreement known as the Lucas TCS Enterprise Agreement 2014 (the Agreement) has been made by Lucas Total Contract Solutions (Services) Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] The Construction, Forestry Mining and Energy Union (the CFMEU), being a bargaining representative for the Agreement, has filed a Form F18 Statutory Declaration. The CFMEU opposed the approval of the Agreement. A hearing in relation to the CFMEU’s arguments and other issues relating to the approval of the Agreement was held on 5 February 2015 and written submissions were subsequently provided by the parties. A decision was issued on 20 March 2015. 1

[3] Arising from the decision the employer has provided certain undertakings in accordance with s.190(3) of the Act. The undertakings meet the concerns expressed in the decision and otherwise meet the requirements of s.190 of the Act. The undertakings will be taken to be terms of the Agreement are appended to the Agreement as Schedule A.

[4] The CFMEUhas given notice under s.183 of the Act that it wants to be covered by the Agreement. As required by s.201(2) of the Act, I note that the Agreement covers the CFMEU.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[6] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 2 April 2015. The nominal expiry date of the Agreement is 26 March 2019.

DEPUTY PRESIDENT

 1   [2015] FWC 1947

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