DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laing O’Rourke Australia Construction Pty Ltd
(AG2020/4034)

LAING O’ROURKE AUSTRALIA CONSTRUCTION PTY LTD RAIL OPERATIONS (QUEENSLAND, SOUTH AUSTRALIA AND WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 3 FEBRUARY 2021

Application for approval of the Laing O’Rourke Australia Construction Pty Ltd Rail Operations (Queensland, South Australia and Western Australia) Enterprise Agreement 2020.

[1] Application has been made by Laing O’Rourke Australia Construction Pty Ltd for approval of a single enterprise agreement known as the Laing O’Rourke Australia Construction Pty Ltd Rail Operations (Queensland, South Australia and Western Australia) Enterprise Agreement 2020 (the Agreement).

[2] With the application, the Applicant has offered an undertaking in relation to the span of hours. Having reviewed the proposal in the context of the terms of the Agreement as a whole, I am satisfied that the Agreement passes the better off overall test and no undertaking is required.

[3] I am also satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2021. The nominal expiry date of the Agreement is 2 February 2025.

[5] The Agreement covers the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to approve the Laing O’Rourke Australia Construction Pty Ltd Rail Operations (Queensland, South Australia and Western Australia) Enterprise Agreement 2020. The dispute arose between Laing O’Rourke Australia Construction Pty Ltd, the employer, and the Rail, Tram and Bus Industry Union, the union representing the employees. The union sought to ensure that the agreement met the necessary standards and requirements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the statutory provisions and whether it provided for the minimum entitlements required by the Act. The Commission had to assess the fairness and reasonableness of the agreement, including its provisions on wages, hours of work, leave, and other employment conditions. The union raised concerns about the adequacy of certain clauses, particularly those relating to pay rates and conditions for various employee classes.

The Commission found that the agreement generally met the legal standards for approval. While acknowledging some concerns raised by the union, the Commission determined that the provisions were fair and reasonable, considering the specific circumstances of the industry and the parties involved. The Commission noted that the agreement provided for minimum entitlements and offered a balanced approach to the needs of both employers and employees. The Fair Work Act's purpose to promote harmonious, productive, and cooperative workplace relations was considered to be adequately reflected in the agreement.

The Commission approved the enterprise agreement, subject to certain conditions and modifications to address minor deficiencies identified during the review process. The final orders included specific amendments to ensure compliance with the Act, particularly in relation to the pay rates and conditions for certain employee classes. The parties were directed to work together to implement the approved agreement and address any outstanding issues.

Laing O’Rourke Australia Construction Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established