ENTERPRISE AGREEMENTS – termination of agreement – ss.313, 590(2)(c) Fair Work Act 2009 – interlocutory decision related to two applications by LCR Group P/L (LCR) to terminate LCR Group P/L/CFMEU Collective Agreement 2012 – 2016 and LCR Group and CFMEU Union Collective Agreement 2011 – 2015 (the agreements) – submissions sought from the Construction, Forestry, Mining and Energy Union (CFMEU) – CFMEU filed two applications for Orders for production of documents seeking documents relating to the sale of assets and the transfer of employment of any of LCR’s employees who were covered by the agreements within a three month period of the selling of the assets – LCR objected on the basis that the termination of the agreements in question have no bearing on the instrument that was transferred to the new owner – LCR submitted that the termination of the agreements has no implication for a transferable instrument that applies to a new owner, as there is no continuing nexus with the agreement that covered the old employer and its employees – Commission satisfied that the effect of a transfer of business upon an enterprise agreement is to widen the coverage of the instrument to extend to the new employer and the transferring employees, preserving the same coverage rules in the process – Commission satisfied that this construction supports the relevance of the items sought in the CFMEU applications – CFMEU asked to reformat applications in light of decision. Construction, Forestry, Mining and Energy Union v LCR Group P/L
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