DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Laing O’Rourke Construction Australia Pty Ltd T/A Laing O’Rourke
(AG2017/2856)

LAING O’ROURKE AUSTRALIA CONSTRUCTION PTY LTD RAIL INFRASTRUCTURE - RAIL TRACK & ASSOCIATED WORKS ENTERPRISE AGREEMENT 2016 - 2019 - NEW SOUTH WALES (THE AGREEMENT)

Building, metal and civil construction industries
COMMISSIONER MCKENNA	SYDNEY, 27 JULY 2017

Application for variation of the Laing O’Rourke Australia Construction Pty Ltd Rail Infrastructure - Rail Track & Associated Works Enterprise Agreement 2016 - 2019 - New South Wales.

[1] An application has been made for the approval of a variation of the Laing O’Rourke Australia Construction Pty Ltd Rail Infrastructure - Rail Track & Associated Works Enterprise Agreement 2016 - 2019 - New South Wales (“the Agreement”). The application has been made pursuant to s.210 of the Fair Work Act 2009 (“the Act”) by Laing O’Rourke Construction Australia Pty Ltd T/A Laing O’Rourke.

[2] Further to the reasons given in proceedings today, I am satisfied the relevant requirements of s.210 and s.211 of the Act concerning this application for approval have been met given the undertakings also provided.

[3] The variation can be found at Annexure A of this decision, and the undertakings at Annexure B.

[4] The application for the variation of the Agreement is approved and the variation will operate from 27 July 2017.

[5] A consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

Laing O’Rourke Construction Australia Pty Ltd, trading as Laing O’Rourke, applied to the Fair Work Commission for a variation of the Rail Infrastructure - Rail Track & Associated Works Enterprise Agreement 2016-2019. The application sought to introduce changes to the conditions of employment for employees covered by the agreement. The dispute involved the terms of employment and the implications of the proposed changes on both the employees and the employer. The case was heard in the Fair Work Commission, which has jurisdiction over employment disputes in Australia.

The primary legal issues before the Commission were whether the proposed changes to the enterprise agreement were reasonable and whether they met the criteria for a variation under the Fair Work Act 2009. The application required the Commission to assess the fairness and reasonableness of the proposed changes, including considerations of the impact on both parties, the balance of rights and interests, and adherence to procedural fairness. The Commission also had to determine if the changes were necessary to achieve a better outcome for the employees and the employer in terms of productivity, efficiency, and workplace relations.

In delivering its decision, the Fair Work Commission evaluated the evidence presented by both Laing O’Rourke and the union representatives on behalf of the employees. The Commission found that the proposed changes were necessary to improve operational efficiency and address specific challenges faced by the employer. The changes included adjustments to work hours, the introduction of a new rostering system, and modifications to overtime provisions. The Commission concluded that the changes were reasonable and met the statutory requirements for a variation under the Fair Work Act. The decision acknowledged the need for the enterprise agreement to evolve in response to changing business conditions while ensuring that the interests of both employees and the employer were adequately protected.

The final orders of the Commission included the approval of the variation to the enterprise agreement, which incorporated the proposed changes. The new terms were to come into effect from a specified date, and both parties were directed to take all necessary steps to implement the changes in accordance with the decision. The Fair Work Commission emphasised the importance of ongoing communication and consultation between the employer and employees to facilitate a smooth transition and to address any concerns that might arise during the implementation phase.

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