DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lend Lease Engineering Pty Limited
(AG2015/5563)

LEND LEASE ENGINEERING PTY LTD QUEENSLAND AND NORTHERN TERRITORY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 25 SEPTEMBER 2015

Application for approval of the Lend Lease Engineering Pty Ltd Queensland and Northern Territory Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Lend Lease Engineering Pty Ltd Queensland and Northern Territory Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lend Lease Engineering Pty Limited. 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 October 2015. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lend Lease Engineering Pty Limited applied to the Fair Work Commission for approval of the Lend Lease Engineering Pty Ltd Queensland and Northern Territory Enterprise Agreement 2015. The application was made under section 231 of the Fair Work Act 2009. The dispute centred around the fairness and validity of the proposed enterprise agreement, which sought to establish terms and conditions of employment for workers within the specified regions. The Commission needed to determine whether the agreement met the legal requirements for approval, including compliance with the Fair Work Act and its associated regulations.

The key legal issues addressed by the Commission involved the procedural fairness of the agreement and its substantive fairness. Procedural fairness required an examination of whether the agreement was made in accordance with the legal requirements, including the need for genuine bargaining. Substantive fairness required an assessment of whether the terms and conditions of the agreement were fair and reasonable, taking into account various factors such as the nature of the work, the bargaining positions of the parties, and the overall impact on the employees.

The Commission found that the agreement was procedurally fair as it was the result of genuine bargaining between the parties. It was also substantively fair, as the terms and conditions were reasonable and balanced, taking into account the relevant factors. The Commission considered that the agreement provided for adequate protections for employees while also allowing the employer to manage its business effectively. Consequently, the application for approval was granted, and the enterprise agreement was registered under the Fair Work Act.

The final orders of the Commission included the registration of the Lend Lease Engineering Pty Ltd Queensland and Northern Territory Enterprise Agreement 2015, effective from 1 July 2015. The agreement was to apply to employees who were covered by the agreement's definition of "employee" and who were employed by Lend Lease Engineering Pty Limited in Queensland and the Northern Territory. The registration of the agreement ensured that the terms and conditions established within it would govern the employment relationship between the parties for the specified period.

Lend Lease Engineering Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established