Laing O'Rourke Australia Construction Pty Ltd Summary

[2013] FWCA 3157

FAIR WORK COMMISSION

DECISION

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

Laing O'Rourke Australia Construction Pty Ltd
(AG2013/1181)

LAING O'ROURKE AUSTRALIA CONSTRUCTION PTY LTD RAIL INFRASTRUCTURE - RAIL TRACK & ASSOCIATED WORKS ENTERPRISE AGREEMENT 2012-2016 - NEW SOUTH WALES

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 21 MAY 2013

Application for approval of the Laing O'Rourke Australia Construction Pty Ltd Rail Infrastructure - Rail Track & Associated Works Enterprise Agreement 2012-2016 - New South Wales.

[1] An application has been made for approval of an enterprise agreement known as the Laing O’Rourke Australia Construction Pty Ltd Rail Infrastructure - Rail Track & Associated Works Enterprise Agreement 2012-2016 - New South Wales (the Agreement). The application was made by Laing O’Rourke Australia Construction Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union (AWU), the Rail, Tram and Bus Union (RTBU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wants the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 28 May 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Laing O'Rourke Australia Construction Pty Ltd and the Rail, Tram and Bus Industry Union. The dispute centred on the application for approval of the Laing O'Rourke Australia Construction Pty Ltd Rail Infrastructure - Rail Track & Associated Works Enterprise Agreement 2012-2016 in New South Wales. The primary legal issue was whether the enterprise agreement, which proposed changes to the terms and conditions of employment, was in compliance with the Fair Work Act 2009. Specifically, the court needed to determine if the agreement contained the necessary minimum entitlements and if the bargaining process was genuine.

The court examined whether the agreement provided for minimum wages, leave entitlements, penalty rates and other conditions set out in the relevant award. It also assessed whether there was genuine bargaining between the employer and the union. The court found that the agreement was compliant with the minimum standards and that the bargaining process was genuine. This was determined by the thorough documentation of negotiations and the presence of independent witnesses who could attest to the process.

As a result, the court approved the enterprise agreement. This decision recognised the agreement as meeting the legal requirements for approval under the Fair Work Act 2009. The final orders confirmed the approval of the enterprise agreement, allowing it to come into effect as per the terms outlined in the document.

Laing O'Rourke Australia Construction Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established