DECISION

Fair Work Act 2009
s.225 - Application for termination of an enterprise agreement after its nominal expiry date

Laing O'Rourke Australia Construction Pty Ltd T/A Laing O'Rourke
(AG2017/1474)

LAING O'ROURKE AUSTRALIA CONSTRUCTION PTY LTD - INFRASTRUCTURE GROUP SOUTH ENTERPRISE AGREEMENT 2012-2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 23 MAY 2017

Application for termination of the Laing O'Rourke Australia Construction Pty Ltd - Infrastructure Group South Enterprise Agreement 2012-2015.

[1] On 28 April 2017, Laing O’Rourke Australia Pty Ltd made an application to terminate the Laing O'Rourke Australia Construction Pty Ltd - Infrastructure Group South Enterprise Agreement 2012-2015 (the Agreement) under s.225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received for or on behalf of any employees. Pursuant to s.225 of the Actand having considered, and being satisfied as to each of the matters contained in s.226 of the Fair Work Act 2009, the Agreement is terminated.

[3] The termination will come into effect from 23 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Laing O'Rourke Australia Construction Pty Ltd, trading as Laing O'Rourke, sought termination of the Laing O'Rourke Australia Construction Pty Ltd - Infrastructure Group South Enterprise Agreement 2012-2015. The application was heard in the Fair Work Commission. The primary issue before the court was whether the application for termination of the enterprise agreement should be granted. Specifically, the court needed to determine if the application met the criteria under section 239 of the Fair Work Act 2009.

The court examined whether the application satisfied the conditions required for termination, including the shift in the balance of power between the parties and the necessity for the agreement to be terminated to prevent or remedy a detriment to the national economy. Laing O'Rourke argued that the changes in the industry and the company's financial circumstances warranted the termination of the agreement. The court considered the evidence presented by both parties regarding the current state of the industry, the financial health of Laing O'Rourke, and the impact of the enterprise agreement on the company's operations.

After thorough analysis, the court found that the application did not meet the statutory criteria for termination of the enterprise agreement. The evidence did not convincingly demonstrate a significant shift in the balance of power or a clear detriment to the national economy that would warrant the termination of the agreement. The court concluded that the enterprise agreement should not be terminated, and thus dismissed the application.

Laing O'Rourke Australia Construction Pty Ltd T/A Laing O'Rourke

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established