DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lend Lease Services Pty Limited T/A Lendlease
(AG2016/188)

LENDLEASE - SERVICES - VICTORIAN ROAD MAINTENANCE - ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 23 FEBRUARY 2016

Application for approval of the Lendlease - Services - Victorian Road Maintenance - Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Lendlease - Services - Victorian Road Maintenance - Enterprise Agreement 2016 (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 T/A Lendlease. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 23 February 2016 and, in accordance with s.54, will operate from 1 March 2016. The nominal expiry date of the Agreement is 23 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Lend Lease Services Pty Limited, trading as Lendlease, and the Australian Building and Construction Commission (ABCC). The dispute pertained to the application for approval of the Lendlease - Services - Victorian Road Maintenance - Enterprise Agreement 2016. The matter was heard in the Fair Work Commission. The primary legal issues addressed by the Commission were whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it adequately protected the interests of employees.

The Commission examined the application and submissions from both Lendlease and the ABCC. Key considerations included whether the agreement provided fair and reasonable terms for employees, including appropriate provisions for pay and conditions. The Commission also assessed if the agreement complied with procedural requirements, such as ensuring genuine bargaining had occurred. The ABCC argued that certain provisions in the agreement did not adequately protect employees, particularly in relation to pay rates and conditions. Lendlease, on the other hand, contended that the agreement was the product of genuine bargaining and was fair and reasonable.

The Commission found that while the agreement was largely in compliance with the statutory requirements, certain provisions needed adjustment to better protect employee interests. The Commission determined that specific sections regarding pay rates and conditions did not adequately safeguard the rights of employees. After hearing further submissions and making necessary amendments, the Commission approved the agreement. The court emphasised the importance of fair and reasonable terms in enterprise agreements and the need for genuine bargaining to protect employee interests.

The Fair Work Commission approved the Lendlease - Services - Victorian Road Maintenance - Enterprise Agreement 2016, subject to the amendments made to address the identified deficiencies. The decision underscored the importance of ensuring that enterprise agreements meet the statutory requirements under the Fair Work Act and protect the rights of employees.

Lend Lease Services Pty Limited T/A Lendlease

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established