DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laing O’Rourke Australia Construction Pty Ltd T/A Laing O’Rourke
(AG2018/767)

LAING O’ROURKE AUSTRALIA CONSTRUCTION PTY LTD VICTORIAN RAIL MAINTENANCE AND RENEWALS ENTERPRISE AGREEMENT 2017 -2021

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 26 APRIL 2018

Application for approval of the Laing O’Rourke Australia Construction Pty Ltd Victorian Rail Maintenance and Renewals Enterprise Agreement 2017 -2021.

[1] An application has been made for approval of an enterprise agreement known as the Laing O’Rourke Australia Construction Pty Ltd Victorian Rail Maintenance and Renewals Enterprise Agreement 2017 -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 greenfields 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] The Australian Rail, Tram and Bus Industry 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 May 2018. The nominal expiry date of the Agreement is 25 April 2022.

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, applied for the approval of the Laing O’Rourke Australia Construction Pty Ltd Victorian Rail Maintenance and Renewals Enterprise Agreement 2017-2021. The application was made to the Fair Work Commission (FWC) under section 233 of the Fair Work Act 2009. The parties involved in the agreement are Laing O’Rourke as the employer and various unions representing the employees.

The legal issues before the FWC were whether the proposed agreement met the requirements for approval under the Fair Work Act. This included assessing whether the agreement provided for a fair and reasonable determination of terms and conditions, whether it was appropriately negotiated, and if it complied with the provisions of the Act. Additionally, the FWC had to consider whether the agreement would have a detrimental effect on employees or the safety and health of any person.

In its decision, the FWC found that the proposed agreement was fairly and reasonably determined and appropriately negotiated. The FWC also determined that the agreement did not have a detrimental effect on employees or the safety and health of any person. The FWC concluded that the agreement met the requirements for approval under the Fair Work Act. As a result, the FWC approved the Laing O’Rourke Australia Construction Pty Ltd Victorian Rail Maintenance and Renewals Enterprise Agreement 2017-2021.

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

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Legal Principle Established