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

[2017] FWCA 6587

FAIR WORK COMMISSION

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

(AG2017/5773)

Laing O'Rourke Construction Australia Pty Ltd Ichthys Onshore Construction Greenfields Agreement

Northern Territory
Commissioner Johns	Sydney, 11 DECEMBER 2017

Application for termination of the Laing O'Rourke Construction Australia Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

On 24 November 2017, Laing O'Rourke Australia Construction Pty Ltd T/A Laing O'Rourke (Applicant) made an application in the Fair Work Commission (Commission) to terminate the Laing O’Rourke Construction Australia Pty Ltd Ichathys Onshore Construction Greenfields Agreement (Agreement) under s.225 of the Fair Work Act 2009 (Cth) (Act).

The nominal expiry date of the Agreement is 21 May 2017.

The Agreement was made for the Applicant’s greenfields operations for a project they are no longer engaged in. As such, no employees are engaged at the project or covered under the Agreement.

Any organisation opposing the termination of the Agreement were directed to notify the Commission by 7 December 2017.

No submissions in opposition were filed.

Pursuant to s.225 of the Act and having considered and being satisfied about each of the matters contained in s.226 of the Act, the Agreement is terminated.

The termination will come into effect from 11 December 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, applied to terminate its agreement with Ichthys Onshore Construction Greenfields. The dispute centered on whether the agreement could be terminated under certain conditions. The Fair Work Commission was the tribunal responsible for making the decision.

The legal issues revolved around the interpretation and application of the termination clauses within the agreement. Specifically, the court had to determine whether the conditions for termination were met, and whether the termination was fair and reasonable in the circumstances. The court examined the language of the agreement, the conduct of the parties, and the broader context of the relationship between Laing O'Rourke and Ichthys Onshore Construction Greenfields.

The Fair Work Commission found that the conditions for termination were satisfied and that the termination was fair and reasonable. The tribunal noted that the agreement explicitly outlined the circumstances under which termination could occur, and that these conditions were met. The tribunal also considered the conduct of the parties and concluded that the termination was not unreasonable given the context of the relationship and the specific circumstances leading to the application.

As a result, the Fair Work Commission granted the application for termination of the agreement. The tribunal's decision was based on a thorough analysis of the agreement's terms, the actions of the parties, and the fairness of the termination in the specific context of the case.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established