DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Laing O’Rourke Construction Australia Pty Ltd
(AG2017/3010)

LAING O’ROURKE AUSTRALIA CONSTRUCTION PTY LTD RAIL INFRASTRUCTURE - CONSTRUCTION AND MAINTENANCE WORKS ENTERPRISE AGREEMENT 2016 - 2020 - QUEENSLAND AND SOUTH AUSTRALIA

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 14 NOVEMBER 2017

Application for approval of the Laing O’Rourke Australia Construction Pty Ltd Rail Infrastructure - Construction and Maintenance Works Enterprise Agreement 2016 - 2020 - Queensland and South Australia.

[1] An application has been made for approval of an enterprise agreement known as the Laing O’Rourke Australia Construction Pty Ltd Rail Infrastructure - Construction and Maintenance Works Enterprise Agreement 2016 - 2020 - Queensland and South Australia (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 21 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Laing O’Rourke Construction Australia Pty Ltd applied to the Fair Work Commission for approval of the Laing O’Rourke Australia Construction Pty Ltd Rail Infrastructure - Construction and Maintenance Works Enterprise Agreement 2016 - 2020 - Queensland and South Australia. The applicant argued that the agreement contained the necessary good faith bargaining provisions and therefore should be approved. The respondent argued that the agreement did not meet the requirements of the Fair Work Act 2009.

The primary issue before the Commission was whether the agreement contained all the good faith bargaining provisions required by the Fair Work Act 2009. The Commission considered whether the applicant had engaged in genuine good faith bargaining with the respondent, and whether the agreement reflected the outcomes of that bargaining. The Commission also considered whether the agreement contained all the necessary provisions, including those relating to pay and conditions, and whether it complied with the Fair Work Act 2009.

The Commission found that the applicant had engaged in genuine good faith bargaining with the respondent, and that the agreement reflected the outcomes of that bargaining. The Commission also found that the agreement contained all the necessary provisions required by the Fair Work Act 2009, including those relating to pay and conditions. The Commission was satisfied that the agreement met all the requirements of the Act, and approved the application.

The Commission approved the application and the agreement was registered on the Commonwealth Register of Industrial Agreements. The agreement will now apply to the employees covered by it, and will regulate their terms and conditions of employment for the period specified in the agreement.

Laing O’Rourke Construction Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established