Laing O'Rourke Australia Construction Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Laing O'Rourke Australia Construction Pty Ltd sought approval of an enterprise agreement entered into with its employees. The nature of the dispute centred on the fairness and appropriateness of the terms and conditions outlined in the agreement for the construction and maintenance of rail infrastructure in Queensland between 2012 and 2016. The Fair Work Commission was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the good faith bargaining and procedural fairness provisions.

The primary legal issues revolved around whether the agreement was genuinely negotiated and whether the process followed was fair and transparent. The Commission needed to assess if the employer had acted in good faith throughout the negotiation process and if the agreement was fair and reasonable on its merits. The employer argued that the agreement was the result of genuine negotiations and met all legal requirements, while the employees' representatives contended that certain provisions were unfair and the process lacked transparency.

The Fair Work Commission found that the agreement had been genuinely negotiated in good faith and that the process followed was fair and transparent. The Commission determined that the terms and conditions of the agreement were reasonable on their merits, taking into account the specific nature of the work involved in rail infrastructure construction and maintenance. Consequently, the Commission approved the enterprise agreement, finding that it complied with the statutory requirements under the Fair Work Act 2009.

The Fair Work Commission approved the Laing O'Rourke Australia Construction Pty Ltd Rail Infrastructure - Construction and Maintenance Works Enterprise Agreement 2012 - 2016 Queensland, confirming its compliance with the relevant legislative provisions.

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