DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laing O’Rourke Australia Construction Pty Ltd
(AG2021/315)

LAING O’ROURKE AUSTRALIA CONSTRUCTION PTY LTD – BUILDING (NSW) ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 23 FEBRUARY 2021

Application for approval of the Laing O’Rourke Australia Construction Pty Ltd - Building (NSW) Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Laing O’Rourke Australia Construction Pty Ltd - Building (NSW) Enterprise Agreement 2019 - 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

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

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 2 March 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Laing O’Rourke Australia Construction Pty Ltd sought approval for the Building (NSW) Enterprise Agreement 2019 - 2023. The applicant, representing employers in the building industry, and the unions representing the employees, sought the Fair Work Commission's approval of the proposed agreement. The unions argued that the agreement did not meet the requirements of the Fair Work Act 2009 because it did not contain a minimum rate of pay for all employees. The applicant argued that the agreement was appropriately negotiated and met the requirements of the Act.

The court was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The court considered whether the agreement contained a minimum rate of pay for all employees and whether it was appropriately negotiated. The court found that the agreement did not contain a minimum rate of pay for all employees, but that this was not a requirement of the Act. The court also found that the agreement was appropriately negotiated and met the requirements of the Act.

The court approved the Building (NSW) Enterprise Agreement 2019 - 2023, finding that it met the requirements of the Fair Work Act 2009. The court found that the absence of a minimum rate of pay for all employees did not render the agreement invalid, and that the agreement was appropriately negotiated. The court approved the agreement, subject to certain conditions.

No further orders were made.

Laing O’Rourke Australia Construction Pty Ltd

DECISION

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Orders of the court

Background to the litigation

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Legal Principle Established