ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – interpretation of Enterprise Agreement clause that ensured Agreement operation is compliant with relevant Federal and State codes of practice and guidelines for the building and construction industry – applicant sought determination that Agreement be implemented in manner complied with Federal Government Code for the Tendering and Performance of Building Work 2016 (the 2016 Code) – applicant is ‘code covered entity’ under 2016 code – significant proportion of applicant’s work is federally funded – may be excluded from eligibility to be awarded contracts on Federally funded building work if not compliant with 2016 Code – respondent objected on jurisdictional basis – Commission held there is jurisdiction to deal with dispute – applicant sought determinations requiring Agreement to be interpreted consistently with 2016 Code – Commission has power of private arbitration under Agreement – respondent submitted relief sought prohibited under Act – Commission construed Agreement on ordinary meaning of relevant words [Berri] – Commission found to extent Agreement can be read in way consistent and code compliant then should do so – number of provisions that are incapable of being construed as code compliant – considering ordinary meaning and relevant words clauses cannot be implemented in manner proposed by applicant as would be contrary to ordinary meaning – Commission unable to compel compliance with agreements – recommended CFMEU advise members to take steps to give effect to commitment they made to ensure Agreements are compliant with 2016 Code. Laing O’Rourke Australia Construction P/L t/a Laing O’Rourke v Construction, Forestry, Mining and Energy Union
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