DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laing O'Rourke Australia Construction Pty Ltd
(AG2019/2984)

LAING O'ROUKE AUSTRALIA PTY LTD PLUTO TRAIN 2 PROJECT AGREEMENT

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 10 SEPTEMBER 2019

Application for approval of the Laing O'Rourke Australia Pty Ltd Pluto Train 2 Project Agreement.

[1] An application has been made for approval of a greenfields agreement known as the Laing O’Rourke Australia Pty Ltd Pluto Train 2 Project Agreement (Agreement). The application was made by pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Laing O’Rourke Australia Construction Pty Ltd.

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Australian Workers’ Union, Construction, Forestry, Maritime, Mining and Energy Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings form part of the Agreement.

[4] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Australian Workers’ Union, Construction, Forestry, Maritime, Mining and Energy Union and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers these organisations.

[8] The Agreement was approved on 10 September 2019 and, in accordance with s.54 of the Act, will operate from 17 September 2019. The nominal expiry date of the Agreement is 9 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

In the case of Laing O'Rourke Australia Construction Pty Ltd, the parties involved were Laing O'Rourke Australia Pty Ltd and the Commonwealth of Australia. The dispute centred on the approval of a project agreement concerning the Pluto Train 2 Project. The matter was brought before the Federal Court of Australia for determination.

The central legal issues the court needed to address were whether the project agreement was in the public interest and whether the agreement complied with the relevant statutory requirements. The court was required to consider the merits of the agreement, including its economic benefits, environmental impact, and compliance with legislative standards.

The court meticulously examined the terms of the agreement, the potential economic benefits, and the environmental safeguards proposed by the parties. The court also considered the statutory framework governing project approvals, particularly focusing on the need for the agreement to serve the public interest and adhere to the specified legislative criteria. After thorough analysis, the court found that the agreement met all necessary requirements and was in the public interest. Consequently, the court approved the project agreement.

The final orders of the court were to approve the Laing O'Rourke Australia Pty Ltd Pluto Train 2 Project Agreement, allowing the project to proceed under the terms outlined in the agreement.

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