Laing O’Rourke Australia Construction Pty Ltd Summary

[2021] FWCA 6357

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laing O’Rourke Australia Construction Pty Ltd
(AG2021/7771)

LAING O’ROURKE AUSTRALIA CONSTRUCTION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) MAJOR CIVIL CONTRACTOR ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 OCTOBER 2021

Application for approval of the Laing O’Rourke Australia Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Major Civil Contractor Enterprise Agreement 2020-2023

[1] Laing O’Rourke Australia Construction Pty Ltd has made an application for approval of an enterprise agreement known as the Laing O’Rourke Australia Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Major Civil Contractor Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the CFMMEU.

[4] The Agreement was approved on 20 October 2021 and, in accordance with s 54, will operate from 27 October 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Laing O’Rourke Australia Construction Pty Ltd, along with the CFMEU (Victorian Construction and General Division), applied for the approval of their Major Civil Contractor Enterprise Agreement 2020-2023. The application was brought before the Fair Work Commission (FWC) as per the Fair Work Act 2009. The agreement in question aimed to set out the terms and conditions of employment for employees within the major civil construction sector in Victoria.

The legal issues the FWC had to determine included whether the agreement met the statutory requirements for approval under the Fair Work Act. This involved assessing whether the agreement contained all the mandatory terms, was fair and reasonable, and whether it was negotiated in good faith. The FWC also needed to consider if the agreement was consistent with the principles of the Fair Work Act, including ensuring it was not detrimental to employees.

In reaching its decision, the FWC carefully examined the provisions of the agreement. It confirmed that all mandatory terms were included and that the agreement was negotiated in good faith. The FWC found that the agreement was fair and reasonable, taking into account the economic context and the interests of both employers and employees. The FWC also noted that the agreement did not include any terms that would be detrimental to employees, thereby meeting all statutory requirements for approval. Consequently, the FWC approved the Laing O’Rourke Australia Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Major Civil Contractor Enterprise Agreement 2020-2023.

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