Laing O'Rourke Australia Construction Pty Ltd

[2013] FWCA 205

[2013] FWCA 205

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
(AG2012/13143)

LAING O'ROURKE AUSTRALIA CONSTRUCTION PTY LTD RAIL INFRASTRUCTURE - CONSTRUCTION AND MAINTENANCE WORKS ENTERPRISE AGREEMENT 2012 - 2016 QUEENSLAND

Building, metal and civil construction industries
COMMISSIONER BULL	SYDNEY, 10 JANUARY 2013

Application for approval of the Laing O'Rourke Australia Construction Pty Ltd Rail Infrastructure - Construction and Maintenance Works Enterprise Agreement 2012 - 2016 Queensland.

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

Undertaking

[2] An undertaking with respect to clause 7.0 - Industrial Relations Disputes Procedure,applying to any disputes that arise under the National Employment Standards, has been provided by the Applicant.

[3] An undertaking with respect to clause 7.4 - Consultative Mechanisms, and in particular, the representation of employees and consultation about major workplace change, has been provided by the Applicant.

[4] These undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached at Annexure A

[5] I have sought the views of the bargaining representative in respect of the undertakings, pursuant to s.190(4) of the Act. The bargaining representative has not advised of any concerns with the undertakings provided.

[6] I am satisfied that each of the requirements of s.186, including the requirement that the group of employees covered by the Agreement has been fairly chosen, and ss.187 and 188 as are relevant to this application for approval have also been met.

[7] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 17 January 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Annexure A 1

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