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
(AG2017/1488)

EXPANDED STRUCTURES COLLECTIVE AGREEMENT 2008 - 2011

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

Application for termination of the Expanded Structures Collective Agreement 2008 - 2011.

[1] Further to the reasons given at the conclusion of proceedings today, the termination of the Expanded Structures Collective Agreement 2008 - 2011 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 terminate the Expanded Structures Collective Agreement 2008 - 2011 in the Fair Work Commission. The dispute arose as Laing O’Rourke sought to terminate the agreement due to significant changes in the industry and financial difficulties, arguing that the agreement had become unworkable and detrimental to its business. The primary legal issues before the Commission were whether the changes in the industry justified the termination of the agreement and whether the termination would result in a significant detriment to the employees covered by the agreement.

The Commission examined the evidence presented by both parties and considered the impact of the changes in the industry on the agreement. It found that the changes had indeed rendered the agreement unworkable and detrimental to Laing O’Rourke's business. The Commission also determined that the termination would not result in significant detriment to the employees, as they would be offered alternative employment or redundancy packages. The Commission concluded that the application for termination should be granted, noting that the agreement could not be salvaged through negotiation and that the termination was in the best interests of both parties.

The Fair Work Commission granted the application to terminate the Expanded Structures Collective Agreement 2008 - 2011, effective from a specified date. The termination was based on the significant changes in the industry, which rendered the agreement unworkable, and the financial difficulties faced by Laing O’Rourke. The decision also included provisions for the protection of employees, ensuring that they would be offered alternative employment or redundancy packages. The Commission's decision balanced the need for business viability with the protection of employee rights, reflecting the principles of fairness and equity in industrial relations.

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