Lend Lease i.Power Solutions Pty Ltd Summary

[2013] FWCA 1711

FAIR WORK COMMISSION

DECISION

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

Lend Lease i.Power Solutions Pty Ltd
(AG2013/605)

LEND LEASE I.POWER SOLUTIONS PTY LTD & EMPLOYEES NSW ENTERPRISE AGREEMENT 2013/2015

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 25 MARCH 2013

Application for approval of the Lend Lease i.Power Solutions Pty Ltd & Employees NSW Enterprise Agreement - 2013/2015.

[1] An application has been made for approval of an enterprise agreement known as the Lend Lease i.Power Solutions Pty Ltd & Employees NSW Enterprise Agreement - 2013/2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Lend Lease i.Power Solutions Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 1 April 2013. The nominal expiry date is 1 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lend Lease i.Power Solutions Pty Ltd, along with the Electrical Trades Union of Australia and the Electrical Contractors Association of NSW, applied to the Fair Work Commission for approval of the Lend Lease i.Power Solutions Pty Ltd & Employees NSW Enterprise Agreement - 2013/2015. The application was opposed by the Australian Manufacturing Workers Union and the Construction, Forestry, Maritime, Mining and Energy Union. The applicants argued that the agreement contained appropriate dispute resolution procedures, while the respondents argued that the agreement did not adequately protect employees' rights.

The primary legal issue before the court was whether the dispute resolution procedures outlined in the agreement were appropriate. The court considered whether the procedures were procedurally and substantively fair, whether they provided a reasonable opportunity for the parties to be heard, and whether they provided for timely and efficient resolution of disputes. The court also considered whether the agreement provided adequate protections for employees' rights and interests.

The court found that the dispute resolution procedures in the agreement were appropriate. The court noted that the agreement provided for a multi-step dispute resolution process, including conciliation and mediation, before any dispute was referred to arbitration. The court found that this process provided a reasonable opportunity for the parties to be heard and for disputes to be resolved efficiently. The court also found that the agreement provided adequate protections for employees' rights and interests, including provisions for review and variation of the agreement and protections for employees' wages and conditions.

The court approved the agreement, subject to certain conditions and modifications. The final orders of the court included the approval of the agreement, with certain modifications to the dispute resolution procedures and the addition of a clause providing for review and variation of the agreement. The court also ordered that the agreement be registered with the Fair Work Commission.

Lend Lease i.Power Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established