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

[2016] FWCA 9221

[2016] FWCA 9221

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laing O’Rourke Construction Australia Pty Ltd T/A Laing O’Rourke
(AG2016/6997)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 DECEMBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Laing O’Rourke Australia Construction Pty Ltd – Building (ACT) Enterprise Agreement 2016 – 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Laing O’Rourke Construction Australia Pty Ltd T/A Laing O’Rourke. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2016. The nominal expiry date of the Agreement is 21 December 2020.

COMMISSIONER

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ANNEXURE A