Lend Lease Services Pty Limited Summary

[2013] FWCA 7270

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lend Lease Services Pty Limited
(AG2013/2699)

LEND LEASE SERVICES PTY LIMITED POWER STATIONS ENTERPRISE AGREEMENT 2012 - 2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 20 SEPTEMBER 2013

Application for approval of the Lend Lease Services Pty Limited Power Stations Enterprise Agreement 2012 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Lend Lease Services Pty Limited Power Stations Enterprise Agreement 2012 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Lend Lease Services Pty Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to clause 21.1.4 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the AMWU and CFMEU.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 27 September 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Lend Lease Services Pty Limited applied for the approval of an enterprise agreement, which had been negotiated with a union, the Construction, Forestry, Mining and Energy Union. The agreement covered employees who were employed by Lend Lease Services to work at various power stations. The Fair Work Commission was asked to determine whether the agreement met the requirements of the Fair Work Act 2009. The Commission held that the agreement was in the interests of the employees and should be approved.

The legal issues before the Commission were whether the agreement contained the minimum terms and conditions required by the Fair Work Act and whether it met the requirements for approval under the Act. The Commission noted that the agreement contained all the minimum terms and conditions required by the Fair Work Act and that it met the requirements for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and that it was in the interests of the employees. The Commission also noted that the agreement provided for a good level of consultation and communication between the parties.

The Commission held that the agreement should be approved. It found that the agreement contained all the minimum terms and conditions required by the Fair Work Act and that it met the requirements for approval under the Act. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and that it was in the interests of the employees. The Commission also noted that the agreement provided for a good level of consultation and communication between the parties.

The Commission approved the Lend Lease Services Pty Limited Power Stations Enterprise Agreement 2012 - 2016. The agreement was to be registered with the Fair Work Commission and would be in effect from 1 July 2012 to 30 June 2016. The Commission noted that the agreement provided for a good level of consultation and communication between the parties and that it was in the interests of the employees. The agreement would provide for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

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