DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laing O’Rourke Australia Construction Pty Ltd T/A Select Plant Hire
(AG2017/5898)

LAING O’ROURKE AUSTRALIA CONSTRUCTION PTY LIMITED TRADING AS SELECT PLANT HIRE ENTERPRISE AGREEMENT (WA) 2017 - 2021

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 JANUARY 2018

Application for approval of the Laing O’Rourke Australia Construction Pty Limited trading as Select Plant Hire Enterprise Agreement (WA) 2017-2021.

[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 Enterprise Agreement (WA) 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 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 25 January 2018 and, in accordance with s.54, will operate from 1 February 2018. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Laing O’Rourke Australia Construction Pty Ltd, trading as Select Plant Hire, for approval of their Enterprise Agreement (WA) 2017-2021. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically whether it contained all the minimum terms and conditions as per the applicable award and whether it was free from prohibited content. The application was heard by the Commission, presided over by Deputy President B McCrossin.

The central legal issue that the Commission had to resolve was whether the Enterprise Agreement complied with the statutory framework governing such agreements. This involved examining the proposed agreement to determine if it incorporated all the minimum terms and conditions from the relevant award, and if it contained any terms that were prohibited under the Fair Work Act. The Commission also had to assess whether the agreement had been genuinely negotiated and if it included appropriate dispute resolution mechanisms.

The Commission found that the Enterprise Agreement largely complied with the statutory requirements. It included all the minimum terms and conditions from the applicable award and did not contain any prohibited content. The Commission noted that the agreement had been genuinely negotiated between the employer and the employees' representatives. Furthermore, it contained appropriate mechanisms for resolving disputes. Based on these findings, the Commission approved the Enterprise Agreement, confirming its compliance with the relevant legislative provisions.

In light of the approval, the Commission issued orders confirming the validity and enforceability of the Laing O’Rourke Australia Construction Pty Ltd trading as Select Plant Hire Enterprise Agreement (WA) 2017-2021. These orders effectively finalised the legal scrutiny of the agreement, ensuring it could be implemented as intended by the parties involved.

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