Laing O'Rourke Australia Construction Pty Ltd Summary

[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.”

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by Laing O'Rourke Australia Construction Pty Ltd, a contractor, to vary an agreement with Greenfields, the owner of several minor water projects. The court was asked to consider the application under the Building and Construction Industry Security of Payment Act 2002 (Cth). The dispute centred on the validity and enforceability of the agreement and the quantum of the payment claim made by Laing O'Rourke.

The primary legal issue before the court was whether the application for variation was validly made under the terms of the agreement and whether it complied with the statutory requirements for a payment claim. The court also had to determine whether the variation was reasonable and whether Laing O'Rourke had complied with its obligations under the agreement. The court had to consider the enforceability of the agreement and whether it was subject to any procedural or substantive requirements that were not met.

The court found that the application for variation was validly made and complied with the statutory requirements for a payment claim. The court held that the variation was reasonable and that Laing O'Rourke had fulfilled its obligations under the agreement. The court found that the agreement was enforceable and that there were no procedural or substantive defects that rendered it invalid. The court ordered Greenfields to pay the amount claimed by Laing O'Rourke, plus interest and costs. The court also found that Laing O'Rourke was entitled to recover its costs of the application.

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