Lend Lease Engineering Pty Ltd

[2014] FWCA 2479

[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

<Price code G, AE407696  PR549637>