DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lend Lease Services Pty Limited
(AG2015/292)

LEND LEASE - SERVICES - WESTERN AUSTRALIAN MINING - MAINTENANCE - ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 MARCH 2015

Application for approval of the Lend Lease - Services - Western Australian Mining - Maintenance - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Lend Lease - Services - Western Australian Mining - 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 Agreement was approved on 5 March 2015 and, in accordance with s.54, will operate from 12 March 2015. The nominal expiry date of the Agreement is 5 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lend Lease Services Pty Limited recently appeared before the Fair Work Commission in a case concerning the approval of the Lend Lease - Services - Western Australian Mining - Maintenance - Enterprise Agreement 2015. The dispute arose as Lend Lease Services, a subsidiary of Lend Lease Corporation, sought to have the agreement approved under the Fair Work Act 2009. The agreement, which covered employees in the maintenance sector of Western Australian mining operations, was a matter of contention between the employer and the relevant employee representatives.

The primary legal issues the court needed to address were whether the agreement complied with the statutory requirements outlined in the Fair Work Act 2009, and if it was appropriately negotiated in good faith. Specific points of contention included the fairness and reasonableness of the terms, the extent of employee representation in the negotiation process, and whether the agreement covered the correct bargaining unit. The court also needed to determine if the agreement met the standards for "single-interest" bargaining as outlined in the Act.

The Fair Work Commission carefully reviewed the evidence presented by both parties, including submissions on the negotiation process, the content of the agreement, and the representation of employee interests. The Commission found that the agreement was negotiated in good faith and contained terms that were fair and reasonable. The court noted that the agreement comprehensively addressed the needs of the employees in the specified bargaining unit and met the criteria for single-interest bargaining. Consequently, the Commission approved the Lend Lease - Services - Western Australian Mining - Maintenance - Enterprise Agreement 2015.

The final orders of the Commission confirmed the approval of the enterprise agreement, subject to the standard protections outlined in the Fair Work Act 2009. This decision ensures that the agreement will govern the employment conditions of the employees within the specified sector, providing a clear framework for future industrial relations within the bargaining unit.

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