Laing O'Rourke Australia Construction Pty Ltd

[2013] FWCA 2428

[2013] FWCA 2428

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Laing O'Rourke Australia Construction Pty Ltd
(AG2013/5974)

LAING O'ROURKE AUSTRALIA CONSTRUCTION PTY LIMITED (ABN 39 112 099 000) MISCELLANEOUS MINOR WATER PROJECTS GREENFIELDS AGREEMENT 2009

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 23 APRIL 2013

Application for variation of the Laing O'Rourke Australia Construction Pty Limited (ABN 39 112 099 000) Miscellaneous Minor Water Projects Greenfields Agreement 2009.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Laing O’Rourke Australia Construction Pty Ltd for the approval of a variation to the Laing O’Rourke Australia Construction Pty Limited (ABN 39 112 099 000) Miscellaneous Minor Water Projects Greenfields Agreement 2009 (“the Agreement”). The application has met the statutory requirements in all requisite respects.

[2] The Agreement is varied as follows:

(a) In clause 1.3 - Duration of Agreement, by deleting the words “for a period of 3 years” and replacing them with “until 23 March 2014”.

(b) In clause 3.2.1 - Escalation, by adding at the end of the clause: “The escalation due on 1 July 2013 will instead be applied from 3 April 2013 with any following escalations to occur from 1 January and 1 July of the relevant year.”

(c) In clause 6.7 - Public Holidays, by:

• After the list of public holidays, inserting the words “The site will be closed on ANZAC Day 2013 and Employees will not be required to work on ANZAC Day 2013”; and



• At the end of the third last paragraph, inserting the words “(other than ANZAC Day 2013).”

[3] The variation is approved and will come into operation on 23 April 2013.

[4] A consolidated copy of the Agreement is attached to this decision.

SENIOR DEPUTY PRESIDENT

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