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

[2013] FWCA 6544

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laing O’Rourke Australia Pty Ltd T/A Select Plant Hire
(AG2013/2625)

LAING O’ROURKE AUSTRALIA CONSTRUCTION PTY LIMITED TRADING AS SELECT PLANT HIRE PLANT HIRE ENTERPRISE AGREEMENT (WA) 2012-2015

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 5 SEPTEMBER 2013

Application for approval of the Laing O’Rourke Australia Construction Pty Limited trading as Select Plant Hire Plant Hire Enterprise Agreement (WA) 2012-2015.

[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 (WA) 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Laing O’Rourke Australia Pty Ltd T/A Select Plant Hire, the Fair Work Commission was asked to approve an enterprise agreement between the employer and its employees. The dispute centred on the terms and conditions of employment outlined in the proposed agreement. The Commission was required to determine whether the agreement met the necessary legal standards for approval, including compliance with the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement provided for fair and reasonable terms and conditions, whether it adhered to the applicable minimum standards, and whether it was made in good faith and without coercion. The Commission also had to consider if the agreement allowed for genuine consultation and if it complied with the procedural requirements for approval. The key issue was ensuring that the proposed agreement balanced the interests of both the employer and the employees.

The Commission found that the agreement contained fair and reasonable terms and conditions that adhered to the applicable minimum standards. It was satisfied that the agreement was made in good faith and without coercion and that genuine consultation had taken place. Furthermore, the Commission determined that the agreement complied with the procedural requirements for approval. Based on these findings, the Commission approved the Laing O’Rourke Australia Construction Pty Limited trading as Select Plant Hire Plant Hire Enterprise Agreement (WA) 2012-2015.

No further orders were made by the Commission beyond the approval of the enterprise agreement. This decision confirmed that the agreement was fair, reasonable, and met all necessary legal standards for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established