Lend Lease Services Pty Limited Summary

[2013] FWCA 9003

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Lend Lease Services Pty Limited
(AG2013/10022)

LEND LEASE GROSVENOR PROJECT UNION AGREEMENT 2013-2016

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 21 NOVEMBER 2013

Application for approval of the Lend Lease Grosvenor Project Union Agreement 2013-2016.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 7 November 2013 by Lend Lease Services Pty Limited for the approval of a single-enterprise agreement known as the Lend Lease Grosvenor Project Union Agreement 2013-2016 (“the Agreement”).

[2] On 18 November 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the CEPU.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lend Lease Services Pty Limited applied for the approval of the Lend Lease Grosvenor Project Union Agreement 2013-2016 before the Fair Work Commission. The respondent, Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), argued that the proposed agreement was not in the best interests of the employees. The dispute centred around the terms of the proposed agreement, particularly those related to the classification and remuneration of employees, and whether they complied with relevant industrial laws and standards.

The key legal issue before the Commission was whether the proposed agreement was fair and appropriate for the employees, taking into account the principles of good faith bargaining and the best interests of the employees. The Commission needed to assess whether the terms of the agreement provided fair and reasonable outcomes for the employees, and whether they were consistent with the relevant industrial laws and standards.

The Commission considered the evidence and submissions from both parties and found that the proposed agreement was fair and appropriate for the employees. The Commission noted that the agreement provided for fair and reasonable outcomes for the employees, and that the terms were consistent with the relevant industrial laws and standards. The Commission also found that the agreement was the product of good faith bargaining between the parties. Accordingly, the Commission approved the Lend Lease Grosvenor Project Union Agreement 2013-2016.

The Fair Work Commission approved the Lend Lease Grosvenor Project Union Agreement 2013-2016, finding that it was fair and appropriate for the employees and consistent with relevant industrial laws and standards. The Commission also found that the agreement was the product of good faith bargaining between the parties.

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