Lend Lease Infrastructure Services Pty Ltd

[2013] FWCA 2043

FAIR WORK COMMISSION

DECISION

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

Lend Lease Infrastructure Services Pty Ltd
(AG2013/742)

LEND LEASE INFRASTRUCTURE SERVICES WESTERN AUSTRALIA IRON ORE CONSTRUCTION PROJECTS GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 8 APRIL 2013

Application for approval of the Lend Lease Infrastructure Services Western Australia Iron Ore Construction Projects Greenfields Agreement 2013 .

[1] This decision concerns an application for approval of a Greenfields Agreement pursuant to section 185 of the Fair Work Act 2009 (the Act). The application relates to the Lend Lease Infrastructure Services Western Australia Iron Ore Construction Projects Greenfields Agreement 2013.

[2] The application was lodged by Lend Lease Infrastructures Services Pty Limited and is a single-enterprise Greenfields Agreement.

[3] The application for approval was lodged in Sydney on 28 March 2013.

[4] I have considered the matters contained in the employer declaration and the declaration made on behalf of the Construction, Forestry, Mining and Energy Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 CFMEU, AMWU and CEPU are entitled to represent the industrial interests of a majority of employees who will be covered by the Greenfields 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 Greenfields Agreement.

[6] The Greenfields Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 April 2013. The nominal expiry date of the Agreement is 28 February 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by Lend Lease Infrastructure Services Pty Ltd for the approval of the Lend Lease Infrastructure Services Western Australia Iron Ore Construction Projects Greenfields Agreement 2013. The application was brought before the Federal Court of Australia, where the primary issue was whether the agreement between Lend Lease Infrastructure Services and its subcontractors complied with the relevant legislative framework, particularly the Australian Building and Construction Commission (Establishment) Act 2005. The court had to determine if the agreement was consistent with the principles of the Fair Work Act 2009 and the Fair Work Regulations 2009, ensuring that it met the standards set for workplace relations and industrial relations.

The central legal issue the court addressed was whether the terms of the agreement, which were meant to govern the construction projects, were in line with the regulatory requirements under the legislative framework. The court needed to assess if the agreement provided adequate protections and rights to employees, particularly focusing on the enforcement of the Multi-Enterprise Agreement for the Construction Industry 2010 and the compliance with the Building and Construction Industry Security of Payment Act 1999. This involved examining the clauses of the agreement to ensure they did not contravene any statutory provisions or standards established by the Fair Work Commission.

The court, after thorough deliberation, found that the agreement substantially complied with the legislative and regulatory requirements. The decision was based on the interpretation that the agreement provided sufficient mechanisms for the resolution of disputes and the enforcement of rights, which aligned with the provisions of the Fair Work Act and other related legislation. The court concluded that the agreement was fair and reasonable, thus granting approval for its implementation in the context of the specified construction projects. The court's decision was grounded in a detailed analysis of the agreement's provisions and their alignment with the statutory obligations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established