DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lend Lease Services Pty Limited
(AG2015/1029)

LEND LEASE - SERVICES - COLIBAN WATER - MAINTENANCE - ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 MAY 2015

Application for approval of the Lend Lease - Services - Coliban Water - Maintenance - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Lend Lease - Services - Coliban Water - 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] 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 Australian Municipal, Administrative, Clerical and Services Union, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 13 May 2015 and, in accordance with s.54, will operate from 20 May 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lend Lease Services Pty Limited applied to the Fair Work Commission for approval of an enterprise agreement with Coliban Water. The applicant is a company involved in the maintenance of infrastructure, and Coliban Water is a public utility providing water services. The dispute centered on the terms and conditions outlined in the proposed agreement, including wages, hours of work, and other employment-related provisions. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement provided for fair and reasonable terms and conditions, whether it adhered to procedural fairness, and whether it met the statutory criteria for approval. The Commission needed to ensure that the agreement was not contrary to public policy and that it provided for the proper management and administration of the workplace. Additionally, the Commission considered whether the agreement provided for genuine bargaining between the parties and whether it adequately covered the relevant employees.

In its decision, the Fair Work Commission examined the evidence presented by both parties and considered the relevant statutory provisions. The Commission found that the proposed agreement contained terms and conditions that were fair and reasonable, and it was not contrary to public policy. The agreement was deemed to have been genuinely bargained, and it adequately covered the relevant employees. The Commission was satisfied that the applicant had followed proper procedures in seeking approval of the agreement. Consequently, the Commission approved the Lend Lease - Services - Coliban Water - Maintenance - Enterprise Agreement 2015.

The Fair Work Commission approved the Lend Lease - Services - Coliban Water - Maintenance - Enterprise Agreement 2015, finding that it met all statutory requirements for approval. The Commission's decision was based on its assessment of the evidence, the terms of the agreement, and the relevant provisions of the Fair Work Act 2009. The approval ensures that the terms and conditions outlined in the agreement will apply to the relevant employees, subject to any further determinations or reviews that may be required.

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