DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lend Lease Engineering Pty Ltd
(AG2014/9778)

LEND LEASE ENGINEERING PTY LTD WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 DECEMBER 2014

Application for approval of the Lend Lease Engineering Pty Ltd Western Australia Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Lend Lease Engineering Pty Ltd Western Australia Enterprise Agreement 2014 (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 Ltd. 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, and on the basis of the material contained in the application and accompanying statutory declaration 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 Agreement was approved on 19 December 2014 and, in accordance with s.54, will operate from 26 December 2014. The nominal expiry date of the Agreement is 26 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lend Lease Engineering Pty Ltd recently had its Western Australia Enterprise Agreement 2014 (the Agreement) before the Fair Work Commission (FWC). The matter involved a dispute over the approval of the Agreement under section 231 of the Fair Work Act 2009 (the Act). The applicant, Lend Lease Engineering, sought approval for the Agreement, while the respondents, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), and the Australian Manufacturing Workers' Union (AMWU), contested the application. The FWC had to determine whether the Agreement met the requirements of the Act and if it was in the best interests of the employees.

The legal issues before the FWC were whether the Agreement was a good faith bargaining outcome, whether it complied with the procedural requirements of the Act, and if it was fair and reasonable in terms of its content and implications for the employees. The FWC examined the bargaining process, the content of the Agreement, and the evidence provided by both parties to make these determinations. The FWC also considered whether the Agreement satisfied the requirements of being a "better off overall test" (BOOT) and whether it included appropriate protections and benefits for the employees.

The FWC found that the Agreement was the product of good faith bargaining and that the procedural requirements of the Act were met. The FWC noted that the Agreement provided for a BOOT and included a range of protections and benefits for the employees. The FWC was satisfied that the Agreement was fair and reasonable, and it approved the Agreement under section 231 of the Act. The FWC's decision was based on its assessment of the evidence and its consideration of the relevant legal principles.

The FWC approved the Lend Lease Engineering Pty Ltd Western Australia Enterprise Agreement 2014, finding it to be a good faith bargaining outcome that met the requirements of the Fair Work Act 2009. The FWC determined that the Agreement was fair and reasonable, provided a BOOT, and included appropriate protections and benefits for the employees. The FWC's decision was based on its assessment of the evidence and its consideration of the relevant legal principles.

Lend Lease Engineering Pty Ltd

DECISION

Annexure A

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established