DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lend Lease Services Pty Limited
(AG2015/1161)

LEND LEASE - SERVICES - MAIN ROADS WESTERN AUSTRALIA - MAINTENANCE ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 MAY 2015

Application for approval of the Lend Lease - Services - Main Roads Western Australia - Maintenance Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Lend Lease - Services - Main Roads Western Australia - Maintenance Enterprise Agreement 2014 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement was approved on 25 May 2015 and, in accordance with s.54, will operate from 1 June 2015. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lend Lease Services Pty Limited recently faced a matter in the Fair Work Commission regarding the approval of the Lend Lease - Services - Main Roads Western Australia - Maintenance Enterprise Agreement 2014. The application for approval was filed by Lend Lease Services, and the Fair Work Commission was required to determine whether the agreement met the necessary legislative criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement provided for the proper registration of employees and their coverage under the agreement. Additionally, the Commission needed to assess if the agreement was free from any unfair content, ensuring that it adhered to the principles of procedural fairness and did not disadvantage employees in any manner. The court also needed to consider whether the agreement provided adequate protections and benefits for the employees as required by the Fair Work Act.

In delivering its decision, the Fair Work Commission found that the agreement was appropriately registered and that the employees were correctly covered by the terms of the agreement. The Commission determined that the agreement was free from any unfair content, as it provided fair terms and conditions of employment and adhered to the principles of procedural fairness. The Commission noted that the agreement provided adequate protections and benefits for the employees, including provisions for minimum wages, leave entitlements, and other employment conditions. Consequently, the Commission approved the agreement, recognising its compliance with the relevant legislative requirements.

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