DECISION

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

Lend Lease Services Pty Ltd
(AG2015/7850)

LENDLEASE - SERVICES - IR EAST - BAYSWATER / LIDDELL POWER STATIONS ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 2 FEBRUARY 2016

Application for approval of the Lendlease - Services - IR East - Bayswater / Liddell Power Stations Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known asthe Lendlease - Services - IR East - Bayswater / Liddell Power Stations Enterprise Agreement 2015 (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 Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union” known as the Australian Manufacturing Workers Union (AMWU) and The Construction Forestry Mining and Energy Union Northern Mining & NSW Energy Union (CFMEU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 9 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Lend Lease Services Pty Ltd, the applicant sought approval for the Lendlease - Services - IR East - Bayswater / Liddell Power Stations Enterprise Agreement 2015. The application was heard by the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The primary issue before the Commission was whether the agreement provided fair and appropriate protections for employees, including the right to fair work and the ability to bargain collectively.

The Fair Work Commission carefully reviewed the terms of the agreement, focusing on the provisions related to employment conditions, dispute resolution mechanisms, and the overall balance of rights and obligations between the employer and the employees. The Commission examined whether the agreement provided adequate safeguards against unfair dismissal and whether it allowed for meaningful consultation and participation by employees in the workplace. The applicant argued that the agreement was in the best interests of the employees, while some union representatives contended that the agreement did not sufficiently protect the employees' rights.

After considering the submissions from both sides, the Fair Work Commission determined that the agreement met the necessary requirements for approval. The Commission found that the agreement provided fair and appropriate protections for employees, including provisions for fair work, collective bargaining, and dispute resolution. The Commission was satisfied that the agreement struck an appropriate balance between the rights and obligations of both the employer and the employees. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the Lendlease - Services - IR East - Bayswater / Liddell Power Stations Enterprise Agreement 2015, effective from the date of the decision. This approval means that the agreement will govern the employment conditions of the relevant employees and will be applicable in the context of their employment with Lend Lease Services Pty Ltd. The decision underscores the importance of ensuring that enterprise agreements provide fair and appropriate protections for employees while also balancing the needs of the employer.

Lend Lease Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established