DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Laing O’Rourke Australia Construction Pty Ltd
(AG2017/4478)

LAING O’ROURKE ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	SYDNEY, 6 OCTOBER 2017

Application for termination of the Laing O’Rourke Roy Hill AWU Greenfields Agreement 2014.

[1] On 26 September 2017, Laing O’Rourke Australia Construction Pty Ltd made an application pursuant to s.225 of the Fair Work Act (the Act) to terminate the Laing O’Rourke Australia Construction Pty Ltd Victorian Rail Infrastructure - Electrical & Associated Works Enterprise Agreement 2011-2014 (the Agreement). The Agreement has passed its nominal expiry date.

[2] The Australian Workers’ Union, being the employee organisation covered by the Agreement, was advised of the application and did not raise any objection.

[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 on 6 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Laing O’Rourke Australia Construction Pty Ltd applied for termination of the Laing O’Rourke Roy Hill AWU Greenfields Agreement 2014, a workplace agreement between the company and the Australian Workers Union. The applicant sought to terminate the agreement due to a breakdown in the bargaining process and the union's refusal to negotiate. The dispute was heard by the Full Bench of the Fair Work Commission.

The court had to decide whether the applicant had met the statutory criteria for terminating a workplace agreement, which includes demonstrating that the agreement had broken down irremediably and that there had been an attempt to resolve the breakdown through good faith bargaining. The court also had to consider the union's opposition to the termination application, including the union's argument that the applicant had not genuinely attempted to negotiate in good faith.

The court found that the applicant had met the statutory criteria for terminating the agreement. The court found that the agreement had broken down irremediably and that the applicant had made a genuine attempt to negotiate in good faith. The court rejected the union's argument that the applicant had not genuinely attempted to negotiate, finding that the applicant had made a reasonable effort to resolve the breakdown through bargaining. The court held that the termination application should be granted.

The court made an order terminating the Laing O’Rourke Roy Hill AWU Greenfields Agreement 2014 with effect from a date certain. The court also made orders relating to the operation of the agreement during the period before it was terminated.

Laing O’Rourke Australia Construction Pty Ltd

DECISION

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