DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lend Lease Services Pty Limited
(AG2014/8334)

LEND LEASE - SERVICES - YARRA VALLEY WATER - CIVIL MAINTENANCE ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 6 JANUARY 2015

Application for approval of the Lend Lease - Services - Yarra Valley Water - Civil Maintenance Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Lend Lease - Services - Yarra Valley Water - Civil 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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Lend Lease Services Pty Limited. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 January 2015. The nominal expiry date of the Agreement is 23 August 2016.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Lend Lease Services Pty Limited sought approval of the Lend Lease - Services - Yarra Valley Water - Civil Maintenance Enterprise Agreement 2014. The application was brought before the Fair Work Commission by the applicant, with the respondents being the Transport Workers Union of Australia and the Australian Manufacturing Workers Union. The primary issue for determination was whether the enterprise agreement met the requirements of the Fair Work Act 2009, particularly in terms of ensuring the agreement did not disadvantage employees in their pay, terms, and conditions of employment compared to the applicable awards.

The commission considered the submissions from both the applicant and the respondents, along with the evidence provided. The applicant argued that the agreement provided for improved productivity and better terms and conditions for employees, while the respondents contended that the agreement fell short in protecting employees' rights. The commission evaluated the agreement against the criteria outlined in the Fair Work Act, focusing on whether it provided for the fair treatment of employees and ensured no worse terms and conditions than the applicable awards. After careful consideration, the commission determined that the agreement did not disadvantage employees and met the legislative requirements.

Accordingly, the Fair Work Commission approved the Lend Lease - Services - Yarra Valley Water - Civil Maintenance Enterprise Agreement 2014. The decision was made in light of the evidence presented and the statutory criteria under the Fair Work Act. The commission found that the agreement provided for fair and reasonable terms and conditions for employees, without disadvantaging them compared to the applicable awards.

Lend Lease Services Pty Limited

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established