Laing O’Rourke Australia Construction Pty Ltd T/A Select Plant Hire

[2015] FWCA 6692

[2015] FWCA 6692

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laing O’Rourke Australia Construction Pty Ltd T/A Select Plant Hire
(AG2015/4953)

LAING O’ROURKE AUSTRALIA CONSTRUCTION PTY LIMITED TRADING AS SELECT PLANT HIRE PLANT HIRE ENTERPRISE AGREEMENT (SOUTHERN REGION) 2015 -2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 SEPTEMBER 2015

Application for approval of the Laing O’Rourke Australia Construction Pty Limited trading as Select Plant Hire Plant Hire Enterprise Agreement (Southern Region) 2015 -2017.

[1] An application has been made for approval of an enterprise agreement known as the Laing O’Rourke Australia Construction Pty Limited trading as Select Plant Hire Plant Hire Enterprise Agreement (Southern Region) 2015 -2017 (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 Select Plant Hire. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 29 September 2015 and, in accordance with s.54, will operate from 6 October 2015. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

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ANNEXURE A