DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laing O’Rourke Australia Construction Pty Ltd T/A Laing O’Rourke
(AG2018/490)

LAING O’ROURKE AUSTRALIA CONSTRUCTION PTY LTD AND ETU VICTORIAN RAIL INFRASTRUCTURE AGREEMENT 2018 - 2021

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 27 APRIL 2018

Application for approval of the Laing O’Rourke Australia Construction Pty Ltd and ETU Victorian Rail Infrastructure Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Laing O’Rourke Australia Construction Pty Ltd and ETU Victorian Rail Infrastructure Agreement 2018 - 2021 (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] The Applicant 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.

[3] Subject to the undertakings referred to above, I am 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 4 May 2018. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Laing O’Rourke Australia Construction Pty Ltd, trading as Laing O’Rourke, applied for the approval of an enterprise agreement with the Electrical Trades Union (ETU) for Victorian Rail Infrastructure employees. The dispute was heard in the Fair Work Commission, which has the jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The application for approval was contested by the ETU, which argued that certain provisions of the agreement were not in the best interests of the employees.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement contained the necessary safety net protections, whether it was free from prohibited content, and if it was made in good faith and without coercion. The ETU argued that the agreement did not adequately protect employees' entitlements and conditions, and that certain provisions were contrary to public policy.

The Fair Work Commission found that the agreement contained all the necessary safety net provisions and was free from prohibited content. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement was made in good faith and without coercion. The ETU's concerns about certain provisions were addressed through modifications to the agreement, which were accepted by the Commission.

The Fair Work Commission approved the Laing O’Rourke Australia Construction Pty Ltd and ETU Victorian Rail Infrastructure Agreement 2018 - 2021, with the modifications noted. The agreement is now legally binding on the parties and will regulate the employment conditions of the employees covered by the agreement for the specified period.

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