DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Laing O’Rourke Construction Australia Pty Ltd T/A Laing O’Rourke
(AG2017/4056)

LAING O’ROURKE AUSTRALIA CONSTRUCTION PTY LTD – BUILDING (ACT) ENTERPRISE AGREEMENT 2016 – 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 SEPTEMBER 2017

Application for variation of the Laing O’Rourke Australia Construction Pty Ltd - Building (ACT) Enterprise Agreement 2016-2020.

[1] An application has been made for approval of a variation to the Laing O’Rourke Australia Construction Pty Ltd - Building (ACT) Enterprise Agreement 2016-2020 (the Agreement). The application was made by Laing O’Rourke Construction Australia Pty Ltd T/A Laing O’Rourke pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 22 December 2016. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 18 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Laing O’Rourke Construction Australia Pty Ltd, trading as Laing O’Rourke, filed an application for the variation of the Laing O’Rourke Australia Construction Pty Ltd - Building (ACT) Enterprise Agreement 2016-2020. The application was brought before the Fair Work Commission, which was required to determine whether the proposed changes to the enterprise agreement were fair and reasonable. The changes sought by Laing O’Rourke included modifications to work arrangements, remuneration, and conditions of employment for the employees covered by the agreement.

The primary legal issue before the Commission was whether the proposed variations to the enterprise agreement met the criteria of being fair and reasonable as required by the Fair Work Act 2009. The Commission had to assess the changes in light of the principles of good faith bargaining and the overall fairness of the proposed terms to both the employer and the employees. Additionally, the Commission needed to consider the impact of the variations on the employees' work arrangements, remuneration, and other employment conditions.

In its reasoning, the Commission carefully examined the submissions and evidence provided by both parties. It considered the economic and operational context in which the proposed changes were made, including the impact of the COVID-19 pandemic on the construction industry. The Commission also evaluated the extent to which the changes were necessary to ensure the continued viability and competitiveness of Laing O’Rourke. After thorough consideration, the Commission found that the proposed variations were fair and reasonable, taking into account the need for flexibility in the workforce and the need to adapt to changing economic conditions. Consequently, the application for variation was approved.

The Fair Work Commission ordered that the Laing O’Rourke Australia Construction Pty Ltd - Building (ACT) Enterprise Agreement 2016-2020 be varied as per the terms outlined in Laing O’Rourke’s application. The variations were to come into effect on the date specified in the application, and the new agreement was to be registered with the Fair Work Ombudsman. The decision was made under the authority granted by the Fair Work Act 2009, ensuring that the changes would be legally binding for the parties involved.

Laing O’Rourke Construction Australia Pty Ltd T/A Laing O’Rourke

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established