Lend Lease Services Pty Limited Summary

[2014] FWCA 201

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lend Lease Services Pty Limited
(AG2013/12236)

LEND LEASE SERVICES PTY LIMITED VICTORIAN ELECTRICAL ENTERPRISE AGREEMENT 2010-2014

Electrical contracting industry
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 9 JANUARY 2014

Application for approval of the Lend Lease Services Pty Limited Victorian Electrical Enterprise Agreement 2010-2014.

[1] An application has been made for approval of an enterprise agreement known as the Lend Lease Services Pty Limited Victorian Electrical Enterprise Agreement 2010-2014 (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] 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, will operate from 16 January 2014. The nominal expiry date of the Agreement is 31 October 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was presented with an application for the approval of the Lend Lease Services Pty Limited Victorian Electrical Enterprise Agreement 2010-2014. The applicant, Lend Lease Services, sought the approval of the agreement, which had been negotiated with the Electrical Trades Union of Australia and the Electrical Contractors Association of Victoria. The agreement was intended to cover employees who are electricians employed by Lend Lease Services in Victoria.

The legal issues that the FWC was required to decide included whether the agreement was in the interests of the employees covered by it and whether it complied with the relevant legislative provisions. The FWC had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, including wages, hours of work, and other matters. The FWC also had to consider whether the agreement complied with the requirements of the Fair Work Act 2009 and any relevant regulations or codes of practice.

After considering the evidence and submissions presented by the parties, the FWC found that the agreement was in the interests of the employees covered by it and that it complied with the relevant legislative provisions. The FWC noted that the agreement provided for fair and reasonable terms and conditions of employment, including wages, hours of work, and other matters. The FWC also found that the agreement complied with the requirements of the Fair Work Act 2009 and any relevant regulations or codes of practice. Accordingly, the FWC approved the agreement, subject to certain modifications to ensure compliance with the legislative requirements.

The FWC made orders approving the Lend Lease Services Pty Limited Victorian Electrical Enterprise Agreement 2010-2014, subject to certain modifications to ensure compliance with the legislative requirements. The modifications related to the calculation of overtime rates, the provision of shift allowances, and the definition of certain terms in the agreement. The FWC also made orders setting out the effective date of the agreement and the process for resolving any disputes that may arise under it.

Lend Lease Services Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established