Lend Lease Building Pty Ltd t/as Lend Lease Lend Lease Engineering Pty Ltd (formerly Abigroup Contractors Pty Ltd) t/as Lend Lease Lend Lease Building Contractors Pty Ltd (formerly Baulderstone Pty Ltd) t/as Lend Lease

The applicants, Lend Lease Building Pty Ltd and its associated entities, sought a referral to a Full Bench of the Fair Work Commission's decision regarding an application under section 582 of the Fair Work Act 2009. The applicants challenged the decision which upheld a claim for redundancy payments, overtime payments, and other entitlements against the respondents, who were the original employers before the business restructuring. The Full Bench of the Federal Circuit and Family Court of Australia was tasked with determining whether the referral was warranted under sections 582, 615, and 615A of the Fair Work Act.

The legal issues centred around the interpretation and application of the Fair Work Act provisions concerning referrals to a Full Bench. Specifically, the applicants argued that the original decision contained errors in law, fact, or procedure that warranted a referral. They contended that the Commission had incorrectly applied the law regarding the calculation of entitlements and the interpretation of employment contracts following the restructuring. The respondents opposed the referral, asserting that the decision was sound and correctly applied the relevant legal principles.

In dismissing the application for a referral, the court held that the decision did not contain any errors that warranted a referral to a Full Bench. The court found that the Commission had correctly interpreted and applied the Fair Work Act and that the decision was supported by the evidence. The court emphasised the importance of the Commission's role in resolving disputes and highlighted the deference owed to its decisions, particularly where they involve complex factual and legal considerations. The applicants' arguments did not demonstrate any significant errors that would justify a referral under the statutory provisions.

The court's decision concluded that the application for a referral was refused, and no orders were made. The original decision of the Fair Work Commission was upheld, and the applicants were not granted the relief they sought.