DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Laing O’Rourke Australia Construction Pty Ltd T/A Laing O’Rourke
(AG2020/3006)

LAING O'ROURKE AUSTRALIA CONSTRUCTION PTY LTD WESTERN AUSTRALIA CIVIL ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 23 OCTOBER 2020

Application for approval of the Laing O'Rourke Australia Construction Pty Ltd Western Australia Civil Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Laing O 'Rourke Australia Construction Pty Ltd Western Australia Civil Enterprise Agreement 2020 (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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2020. The nominal expiry date of the Agreement is 22 October 2024.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant Laing O’Rourke Australia Construction Pty Ltd sought approval of the Laing O’Rourke Australia Construction Pty Ltd Western Australia Civil Enterprise Agreement 2020. The dispute arose from the negotiations between the applicant and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) regarding the terms and conditions of employment for workers in the Western Australian civil construction industry. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, particularly sections 231 and 232, which outline the process for the approval of enterprise agreements. The Commission needed to assess whether the agreement had been made in good faith, whether it contained appropriate dispute resolution mechanisms, and whether it had been properly negotiated. Furthermore, the Commission examined whether the agreement addressed the needs of the workforce adequately and if it provided fair and reasonable terms and conditions of employment.

In its decision, the Commission noted that the agreement had been negotiated in good faith and contained appropriate dispute resolution mechanisms. The Commission also found that the agreement addressed the needs of the workforce and provided fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and approved the Laing O’Rourke Australia Construction Pty Ltd Western Australia Civil Enterprise Agreement 2020.

The Fair Work Commission approved the Laing O’Rourke Australia Construction Pty Ltd Western Australia Civil Enterprise Agreement 2020, effective from 1 July 2020. The Commission's decision was based on its finding that the agreement had been negotiated in good faith, contained appropriate dispute resolution mechanisms, and provided fair and reasonable terms and conditions of employment for the workers in the Western Australian civil construction industry.

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