DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lend Lease Services Pty Limited
(AG2015/4427)

LENDLEASE - SERVICES - SOUTH AUSTRALIA - POWER - MAINTENANCE - ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 28 AUGUST 2015

Application for approval of the Lendlease - Services - South Australia - Power - Maintenance - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Lendlease - Services - South Australia - Power - Maintenance - Enterprise Agreement 2015 (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 Services Pty Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2015. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Lend Lease Services Pty Limited, the applicant, sought approval of the proposed enterprise agreement with the union representing its employees. The union argued that certain provisions of the agreement were not fair and reasonable, and thus could not be approved. The matter was heard before the Commission, which was required to determine whether the agreement met the necessary standards under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement was fair and reasonable in all its terms. The union argued that certain provisions, including those relating to penalty rates, shift differentials, and leave entitlements, were not equitable. The applicant, on the other hand, contended that the agreement was fair and reasonable and reflected the best interests of both the employer and employees. The Commission needed to examine the evidence and arguments presented by both parties to make its determination.

After considering the submissions and evidence from both parties, the Commission found that the proposed agreement was fair and reasonable. The Commission noted that the agreement provided for a number of benefits for employees, including increased pay rates, improved leave entitlements, and enhanced job security. The Commission also found that the agreement reflected a fair balance of interests between the employer and employees. Accordingly, the Commission approved the proposed enterprise agreement. The union's objections were dismissed, and the agreement was approved as a registered agreement.

The Commission's decision was final and binding on both parties. The agreement was to be registered and would come into effect on the date of registration. The Commission also noted that any disputes arising under the agreement would be resolved in accordance with the relevant provisions of the Fair Work Act 2009. Overall, the Commission's decision provided a resolution to the dispute and ensured that the proposed enterprise agreement would be implemented in a fair and reasonable manner.

Lend Lease Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established