DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laing O’Rourke Construction Australia Pty Ltd T/A Laing O’Rourke
(AG2016/6842)

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 GREGORY	MELBOURNE, 8 DECEMBER 2016

Application for approval 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 approval of an enterprise agreement known as the Laing O’Rourke Australia Construction Pty Ltd Rail Infrastructure – Rail Track & Associated Works Enterprise Agreement 2016 – 2019 (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. The Agreement is a single enterprise agreement.

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

[3] The Australian Workers’ Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Australian Rail, Tram and Bus Industry Union being bargaining representatives 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Laing O’Rourke Construction Australia Pty Ltd T/A Laing O’Rourke applied for the approval of the Laing O’Rourke Australia Construction Pty Ltd Rail Infrastructure - Rail Track & Associated Works Enterprise Agreement 2016-2019 in the Fair Work Commission. The application was brought before the Commission to determine the validity and enforceability of the agreement, which outlined terms and conditions of employment for workers in the rail infrastructure sector in New South Wales.

The primary legal issues addressed in this case were whether the enterprise agreement was genuinely negotiated, whether it contained terms that were not allowable under the Fair Work Act 2009, and whether the agreement was fair and reasonable. Additionally, the court needed to consider whether the agreement complied with the requirements of section 231 of the Act, which mandates that enterprise agreements must be in writing, cover a particular period, and be approved by the Fair Work Commission.

The Fair Work Commission examined the process by which the agreement was negotiated and whether it involved genuine bargaining between the employer and the employees. The court also scrutinised the terms of the agreement to ensure they did not include any prohibited content, such as terms that undermined the rights of employees or that were contrary to public policy. Furthermore, the Commission assessed whether the agreement was fair and reasonable by evaluating the balance of benefits and detriments for the employees and the employer, and by considering the views of the parties involved.

The Fair Work Commission approved the enterprise agreement, finding that it was genuinely negotiated, contained allowable terms, and was fair and reasonable. The Commission concluded that the agreement met the statutory requirements and did not include any prohibited content. Therefore, the application was successful, and the enterprise agreement was approved for operation.

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