Laing O’Rourke Australia Construction Pty Ltd

[2014] FWCA 1907

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laing O’Rourke Australia Construction Pty Ltd
(AG2014/301)

LAING O’ROURKE AUSTRALIA CONSTRUCTION PTY LIMITED NCIG CET FLYOVER CONSTRUCTION PROJECT ENTERPRISE AGREEMENT 2014-2016

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 21 MARCH 2014

Application for approval of the Laing O’Rourke Australia Construction Pty Limited NCIG CET Flyover Construction Project Enterprise Agreement 2014 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Laing O’Rourke Australia Construction Pty Limited NCIG CET Flyover Construction Project Enterprise Agreement 2014 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] It has been made by Laing O’Rourke Australia Construction Pty Ltd and nominates the Australian Workers’ Union (AWU) and the Construction, Forestry, Mining and Energy Union (CFMEU) as the relevant Employee Organisations with which the Agreement was made. The Agreement is a greenfields agreement.

[3] The Agreement was lodged within 14 days after it was made.

[4] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In particular, I am satisfied that the AWU and CFMEU are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 28 March 2014. The nominal expiry date of the Agreement is 1 September 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Laing O’Rourke Australia Construction Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement that would govern the employment conditions of its employees involved in the NCIG CET Flyover Construction Project between 2014 and 2016. The application was brought before the Fair Work Commission, which is responsible for resolving disputes and making decisions regarding workplace agreements in Australia.

The legal issues the court needed to consider were whether the enterprise agreement met the requirements of the Fair Work Act 2009 and whether the agreement was made in good faith and protected the interests of the employees. Specifically, the court examined if the agreement included all necessary terms, was free from prohibited content, and whether the process of negotiation and agreement-making was fair.

In its decision, the Fair Work Commission found that the enterprise agreement met all the statutory requirements of the Fair Work Act 2009. The agreement contained all the necessary terms and was free from prohibited content. The court also found that the negotiation process was fair and that the agreement protected the interests of the employees. The Commission approved the enterprise agreement, highlighting that it provided a fair and reasonable framework for the employment conditions of the workers involved in the NCIG CET Flyover Construction Project.

No further orders were made by the court as the application was successful on the grounds presented. The approved enterprise agreement would now govern the employment conditions of the employees involved in the project for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established