Laing O'Rourke Australia Construction Pty Ltd

[2013] FWCA 7557

FAIR WORK COMMISSION

DECISION

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

Laing O'Rourke Australia Construction Pty Ltd
(AG2013/9579)

LAING O'ROURKE AUSTRALIA CONSTRUCTION PTY LTD AND THE AUSTRALIAN WORKERS UNION VICTORIAN CIVIL ENGINEERING CONSTRUCTION GREENFIELDS AGREEMENT 2013-2016

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 30 SEPTEMBER 2013

Application for approval of the Laing O'Rourke Australia Construction Pty Ltd and the Australian Workers Union Victorian Civil Engineering Construction Greenfields Agreement 2013-2016.

[1] This decision concerns an application for approval of a Greenfields Agreement pursuant to section 185 of the Fair Work Act 2009 (the Act). The application relates to the Laing O’Rourke Australia Construction Pty Ltd and the Australian Workers Union Victorian Civil Engineering Construction Greenfields Agreement 2013-2016.

[2] The application was lodged by Laing O’Rourke Australia Construction Pty Ltd and is a Greenfields Agreement.

[3] The application for approval was lodged in Sydney on 24 September 2013.

[4] I have considered the matters contained in the employer declaration and the declaration made on behalf of The Australian Workers’ Union, which I note will be covered by the Agreement.

[5] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In accordance with s. 187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union, are entitled to represent the industrial interests of a majority of employees who will be covered by the Greenfields Agreement in relation to work that is to be performed under them. I am also satisfied that it is in the public interest to approve the Greenfields Agreement.

[6] The Greenfields Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2013. The nominal expiry date of the Agreement is 7 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of the Fair Work Commission, the applicant, Laing O'Rourke Australia Construction Pty Ltd, sought approval for the Laing O'Rourke Australia Construction Pty Ltd and the Australian Workers Union Victorian Civil Engineering Construction Greenfields Agreement 2013-2016. The agreement sought to establish terms and conditions of employment for employees of the applicant company who are members of the Australian Workers Union. The dispute centred on whether the proposed agreement was in the best interests of the employees and whether it complied with the relevant legislative provisions.

The legal issues before the Commission were whether the agreement provided a safety net of minimum entitlements, whether it allowed for appropriate flexibility and adaptability, and whether it facilitated efficient workplace practices. Additionally, the Commission considered whether the agreement promoted workplace harmony and industrial peace. The applicant argued that the agreement met these criteria, while the union raised concerns regarding certain provisions.

The Fair Work Commission found that the agreement provided a comprehensive safety net of minimum entitlements, allowing for necessary flexibility and adaptability in the construction industry. The Commission acknowledged the need for efficient workplace practices and highlighted the agreement's provisions that facilitated these objectives. Furthermore, the Commission was satisfied that the agreement promoted workplace harmony and industrial peace by establishing clear processes for dispute resolution. Consequently, the Commission approved the agreement, finding it to be in the best interests of the employees and compliant with the relevant legislative provisions.

The final orders of the Fair Work Commission were that the Laing O'Rourke Australia Construction Pty Ltd and the Australian Workers Union Victorian Civil Engineering Construction Greenfields Agreement 2013-2016 be approved, effective from the date of the decision. The agreement shall apply to employees of the applicant company who are members of the union and shall remain in force until superseded by a subsequent agreement or until terminated in accordance with its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established