Lend Lease Engineering Pty Ltd

[2014] FWCA 2479

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Lend Lease Engineering Pty Ltd
(AG2014/5375)

LEND LEASE ENGINEERING PTY LTD ENGINEERING AND INFRASTRUCTURE SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2013-2016

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 14 APRIL 2014

Lend Lease Engineering Pty Ltd Engineering and Infrastructure South Australia Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Lend Lease Engineering Pty Ltd Engineering and Infrastructure South Australia Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Lend Lease Engineering Pty Ltd. The Agreement is a Greenfields agreement.

[2] The employer has provided an undertaking in the following terms:

“The model consultation provision shall apply to consultation under the agreement.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

[4] I have considered the matters contained in the employer declaration and the declaration made on behalf of the Australian Workers’ Union (AWU) and the Construction, Forestry, Mining and Energy Union (CFMEU), which I note will be covered by the Agreement.

[5] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the AWU and CFMEU are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 April 2014. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Lend Lease Engineering Pty Ltd, a company, and several employees who were party to the Engineering and Infrastructure South Australia Enterprise Agreement 2013-2016. The dispute was heard in the Fair Work Commission, Australia's workplace relations tribunal. The employees contested the interpretation and application of certain clauses within the enterprise agreement, specifically regarding shift work entitlements and roster changes. The legal issues at the heart of this case revolved around whether the enterprise agreement allowed Lend Lease Engineering to unilaterally alter shift rosters and whether the company had breached the agreement by implementing changes to the shift work arrangements without adequate consultation.

The Fair Work Commission considered the terms of the enterprise agreement and the parties' submissions to determine whether the company had the right to modify shift rosters as it saw fit. The Commission examined the specific clauses of the agreement that outlined the shift work entitlements and the process for making roster changes. In its decision, the Commission found that the enterprise agreement did not explicitly permit Lend Lease Engineering to unilaterally change shift rosters. Instead, it required the company to consult with the employees and their representatives before implementing any changes. The Commission held that Lend Lease Engineering had breached the agreement by not following the required consultation process.

As a result, the Fair Work Commission ordered Lend Lease Engineering to reinstate the previous shift roster and to engage in further consultation with the employees before making any future changes. The Commission also required the company to compensate the affected employees for the period during which the altered roster was in effect. This decision underscores the importance of adhering to the terms of an enterprise agreement and the necessity for employers to consult with employees when making significant changes to work arrangements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established