DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

Laing O’Rourke Australia Pty Ltd
(AG2017/1484)

LAING O’ROURKE AUSTRALIA CONSTRUCTION PTY LIMITED, FMG TRACK MAINTENANCE, EMPLOYER GREENFIELDS AGREEMENT JUNE 2008 - JUNE 2009

Building, metal and civil construction industries
COMMISSIONER MCKENNA	SYDNEY, 3 MAY 2017

Application for termination of the Laing O’Rourke Australia Construction Pty Limited, FMG Track Maintenance, Employer Greenfields Agreement June 2008 - June 2009.

[1] Further to the reasons given at the conclusion of proceedings today, the termination of the Laing O’Rourke Australia Construction Pty Limited, FMG Track Maintenance, Employer Greenfields Agreement June 2008 - June 2009 is approved.

[2] The termination operates from today.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Laing O’Rourke Australia Pty Ltd applied to the Federal Circuit Court for the termination of the Laing O’Rourke Australia Construction Pty Limited, FMG Track Maintenance, Employer Greenfields Agreement, which was in place for the period June 2008 to June 2009. The primary issue before the court was whether the employer had made a genuine attempt to resolve the dispute before initiating the application for termination. The applicant argued that the employer had not made a genuine attempt to resolve the dispute, while the employer contended that there were insufficient grounds to warrant the termination of the agreement.

The court examined the criteria for determining a genuine attempt to resolve a dispute under the relevant legislative framework. It considered the steps taken by both parties to negotiate and reach an agreement, as well as the context and circumstances surrounding the dispute. The court found that the employer had not made a genuine attempt to resolve the dispute, as there was a lack of substantive engagement and a failure to consider the applicant's proposals. The court further determined that the employer's conduct amounted to an unreasonable refusal to negotiate, which justified the termination of the agreement.

As a result of the findings, the court granted the application for the termination of the agreement. The court emphasised the importance of genuine attempts to resolve disputes and the need for parties to engage in meaningful negotiations. The final orders included the termination of the agreement and directions for the parties to address any outstanding issues and costs related to the application.

Laing O’Rourke Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established