DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laing O’Rourke Australia Construction Pty Limited
(AG2016/194)

LAING O’ROURKE AUSTRALIA QUEENSLAND CIVILS ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 FEBRUARY 2016

Application for approval of the Laing O’Rourke Australia Queensland Civils Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Laing O’Rourke Australia Queensland Civils Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Laing O’Rourke Australia Construction Pty Limited. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 9 February 2016 and, in accordance with s.54, will operate from 16 February 2016. The nominal expiry date of the Agreement is 9 February 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Laing O’Rourke Australia Construction Pty Limited recently sought approval for the Laing O’Rourke Australia Queensland Civils Enterprise Agreement 2016-2020 from the Fair Work Commission. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union. The primary dispute centred on the terms and conditions of employment outlined in the proposed enterprise agreement, which aimed to govern the relationship between Laing O’Rourke and its employees in Queensland for the specified period.

The legal issues before the court involved the validity and fairness of the proposed agreement under the Fair Work Act 2009. The key questions included whether the agreement met the requirements for "better off overall" (BOO) and if it adhered to the procedural fairness principles as mandated by the Fair Work Act. Additionally, the court had to determine if the agreement provided appropriate protections and conditions for the employees involved.

The Fair Work Commission considered the economic and non-economic benefits and detriments to the employees. After assessing the evidence presented by both parties, the Commission concluded that the proposed agreement was fair and met the BOO test. The Commission found that the agreement provided employees with reasonable conditions, adequate compensation, and appropriate protections, thus complying with the statutory requirements. The Commission approved the enterprise agreement, emphasising the importance of the procedural fairness process and the need for continued engagement between the employer and the union to address any future issues that may arise.

In summary, the Fair Work Commission approved the Laing O’Rourke Australia Queensland Civils Enterprise Agreement 2016-2020, affirming its compliance with the Fair Work Act and its fairness to the employees.

Laing O’Rourke Australia Construction Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established