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

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, applied for approval of the Laing O’Rourke Australia Construction Pty Ltd - Building (ACT) Enterprise Agreement 2016-2020 before the Fair Work Commission. The application involved determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The dispute centred on the terms and conditions outlined in the agreement, particularly whether they complied with the Act and related regulations.

The central legal issues revolved around whether the agreement adhered to the mandatory provisions set out in the Fair Work Act and the Fair Work (Building Industry) Awards. Specifically, the court needed to assess if the agreement provided for minimum entitlements that were not less favourable than those stipulated in the relevant awards, and whether the agreement contained necessary provisions such as dispute resolution mechanisms and classification of employees. Furthermore, the court examined if the agreement had been fairly negotiated and if the necessary procedural requirements were met.

The Fair Work Commission found that the Laing O’Rourke Australia Construction Pty Ltd - Building (ACT) Enterprise Agreement 2016-2020 was in substantial compliance with the Fair Work Act and the Fair Work (Building Industry) Awards. The Commission noted that while there were some minor procedural issues, they did not significantly impact the fairness or compliance of the agreement. The Commission emphasised that the agreement provided for minimum entitlements that were not less favourable than those in the awards and included necessary provisions for dispute resolution and employee classification. Consequently, the Commission approved the agreement, subject to minor amendments to address the identified procedural issues.

The Fair Work Commission approved the Laing O’Rourke Australia Construction Pty Ltd - Building (ACT) Enterprise Agreement 2016-2020, with conditions for minor amendments to address procedural shortcomings. The approval was contingent upon the submission of these amendments to ensure full compliance with the Fair Work Act.

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