Laing O'Rourke Construction Australia Pty Ltd Summary

[2013] FWCA 3041

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Laing O'Rourke Construction Australia Pty Ltd
(AG2013/1145)

LAING O'ROURKE CONSTRUCTION AUSTRALIA PTY LTD ICHTHYS ONSHORE CONSTRUCTION GREENFIELDS AGREEMENT

Northern Territory
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 15 MAY 2013

Application for approval of the Laing O'Rourke Construction Australia Pty Ltd Ichthys Onshore Construction Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Laing O'Rourke Construction Australia Pty Ltd Ichthys Onshore Construction Greenfields Agreement (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Laing O’Rourke Construction Australia Pty Ltd, the Australian Workers’ Union, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union, the Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.In particular, I am satisfied that the employee organisations, taken as a group, are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 22 May 2013. The nominal expiry date of the Agreement is 14 May 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Laing O'Rourke Construction Australia Pty Ltd, the matter involved an application for the approval of the Laing O'Rourke Construction Australia Pty Ltd Ichthys Onshore Construction Greenfields Agreement. This agreement was between Laing O'Rourke Construction Australia Pty Ltd, an engineering, procurement and construction contractor, and the Western Australian Government. The dispute centred around the approval of a workplace agreement that aimed to regulate the employment conditions for workers involved in the construction of the Ichthys Onshore Facilities in Western Australia. The case was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was free from coercion, undue influence, and whether it fairly reflected the needs of the workforce. Given that the agreement was to be made under the "better off overall test", the Commission also had to ensure that the proposed terms and conditions were at least as good as those provided under the applicable awards or agreements.

The Fair Work Commission found that the agreement was not coercive or influenced unduly. It was determined that the agreement provided benefits to the employees, such as improved wages and conditions, and was therefore better off overall for the workers involved. The Commission also noted that the agreement included provisions for the protection of workers' rights and interests, including provisions for consultation and dispute resolution. The Commission approved the agreement on the basis that it met the necessary legal criteria and provided a fair outcome for the workforce.

The Fair Work Commission approved the Laing O'Rourke Construction Australia Pty Ltd Ichthys Onshore Construction Greenfields Agreement, finding that it was not made under any coercion or undue influence, and that it provided a better-off outcome for the employees involved. The Commission's decision was based on the comprehensive provisions of the agreement, which addressed the needs of the workforce and provided adequate protections and benefits.

Laing O'Rourke Construction Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established