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

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Laing O’Rourke Australia Construction Pty Ltd trading as Select Plant Hire, sought approval of its enterprise agreement from the Fair Work Commission. The applicant and the respondents, the Association of Professional Engineers, Scientists and Managers of Australia and the Construction, Forestry, Maritime, Mining and Energy Union, had been engaged in negotiations for the agreement, which covered workers in the southern region. The dispute was heard in the Fair Work Commission, the body responsible for regulating workplace relations in Australia.

The central legal issues before the Commission were whether the enterprise agreement was genuinely bargained, whether the agreement met the requirements of the Fair Work Act, and whether the agreement was in the best interests of the employees. The Commission had to determine if the agreement was the product of genuine bargaining between the parties, if it contained the necessary provisions and complied with the statutory framework, and if it was fair and reasonable for the employees.

The Fair Work Commission found that the enterprise agreement was genuinely bargained and met the statutory requirements. The Commission noted that the agreement had been negotiated over an extended period, with multiple rounds of bargaining, and that the parties had engaged in a genuine attempt to reach an agreement. The Commission also found that the agreement contained all the necessary provisions and complied with the Fair Work Act. The Commission concluded that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission approved the Laing O’Rourke Australia Construction Pty Ltd trading as Select Plant Hire Plant Hire Enterprise Agreement (Southern Region) 2015-2017. The Commission found that the agreement was the product of genuine bargaining, met the statutory requirements, and was in the best interests of the employees. The agreement was approved with the condition that the parties must comply with the Fair Work Act and the agreement itself.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established