DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laing O’Rourke Australia Construction Pty Ltd T/A Laing O’Rourke
(AG2016/6026)

LAING O’ROURKE AUSTRALIA CONSTRUCTION PTY LTD - BUILDING (NSW) ENTERPRISE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 18 OCTOBER 2016

Application for approval of the Laing O’Rourke Australia Construction Pty Ltd - Building (NSW) Enterprise Agreement 2015 - 2018.

[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 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Laing O’Rourke Australia Construction Pty Ltd T/A Laing O’Rourke. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The Construction, Forestry, Mining and Energy Union 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 October 2016. The nominal expiry date of the Agreement is 31 January 2018.

COMMISSIONER

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CaseChat Overview and Summary

Laing O’Rourke Australia Construction Pty Ltd, trading as Laing O’Rourke, applied to the Fair Work Commission for approval of the Building (NSW) Enterprise Agreement 2015 – 2018. The agreement, which was to apply to employees of the company who were members of the Building and Construction General On-Site Workers’ Union, sought to regulate various terms and conditions of employment. The dispute centred around the fairness and compliance of the proposed agreement with the relevant legislative framework, including the Fair Work Act 2009.

The court was required to determine whether the agreement was in the best interests of the employees and whether it complied with the requirements of the Fair Work Act. This included assessing whether the agreement provided for a fair and reasonable outcome for employees, taking into account factors such as wages, conditions of employment, and other benefits. Additionally, the court had to ensure that the agreement did not discriminate against any particular group of employees and that it was made without any undue influence or coercion.

The Fair Work Commission found that the agreement met the criteria for approval under the Fair Work Act. The commission considered that the agreement provided for fair and reasonable terms and conditions of employment for the employees, taking into account the economic climate and the bargaining positions of the parties. The commission also found that the agreement did not discriminate against any particular group of employees and that it was made without any undue influence or coercion. Accordingly, the court approved the Building (NSW) Enterprise Agreement 2015 – 2018.

The Fair Work Commission approved the Building (NSW) Enterprise Agreement 2015 – 2018, effective from 1 July 2015 until 30 June 2018. The agreement was to apply to all employees of Laing O’Rourke who were members of the Building and Construction General On-Site Workers’ Union. The approval of the agreement ensures that the terms and conditions of employment for these employees are regulated by a legally binding agreement, providing certainty and stability in the workplace.

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