DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Laing O’Rourke Construction Australia Pty Ltd T/A Laing O’Rourke
(AG2017/3932)

LAING O’ROURKE AUSTRALIA CONSTRUCTION PTY LTD - BUILDING (NSW) ENTERPRISE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 SEPTEMBER 2017

Application for variation of the Laing O’Rourke Australia Construction Pty Ltd - Building (NSW) Enterprise Agreement 2015-2018.

[1] An application has been made for approval of a variation to the Laing O’Rourke Australia Construction Pty Ltd - Building (NSW) Enterprise Agreement 2015-2018 (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 variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 7 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 T/A Laing O’Rourke applied to the Fair Work Commission for a variation of the Laing O’Rourke Australia Construction Pty Ltd - Building (NSW) Enterprise Agreement 2015-2018. The applicant sought a variation to the clause relating to overtime payments for employees working on the NSW Police Headquarters project. The Fair Work Commission was the court in this case.

The legal issues before the Commission were whether the proposed variation was consistent with the principles of good faith bargaining and whether it was in the interests of the employees. The applicant argued that the variation was necessary due to the unique nature of the project and the need for flexibility in work hours. The respondent, however, contended that the proposed changes would disadvantage employees by reducing their entitlements.

The Commission found that the proposed variation was consistent with the principles of good faith bargaining as it was proposed in the context of a genuine attempt to reach an agreement. The Commission also considered that the variation was in the interests of the employees, as it provided for a fair and reasonable adjustment to their working conditions. The Commission took into account the unique circumstances of the project, the need for flexibility, and the importance of maintaining a stable workforce. The Commission concluded that the proposed variation was fair and reasonable, and therefore, granted the application for variation.

As a result of the decision, the Laing O’Rourke Australia Construction Pty Ltd - Building (NSW) Enterprise Agreement 2015-2018 was varied to include the changes proposed by the applicant. The variation allowed for a more flexible approach to overtime payments for employees working on the NSW Police Headquarters project, while still ensuring that employees were fairly compensated for their work.

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