Lend Lease Services Pty Ltd

[2013] FWCA 8630

The attached document replaces the document previously issued with the above code on 1.11.13

Take out “Lend Lease Power NSW Agreement 2013-2014” appearing in the preamble and insert “Lend Lease Services Power NSW Agreement 2013-2014”.

Stevie Smith

Associate to Commissioner Riordan

1.11.13

[2013] FWCA 8630

FAIR WORK COMMISSION

DECISION

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

Lend Lease Services Pty Ltd
(AG2013/9809)

LEND LEASE SERVICES POWER NSW AGREEMENT 2013-2014

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 1 NOVEMBER 2013

Application for approval of the Lend Lease Services Power NSW Agreement 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known asthe Lend Lease Services Power NSW Agreement 2013-2014 (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 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) has 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 organisation.

[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 31 December 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lend Lease Services Pty Ltd applied to the Federal Circuit Court for approval of the Lend Lease Services Power NSW Agreement 2013 - 2014. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), opposed the application. The crux of the dispute lay in the interpretation of certain terms within the agreement, specifically those relating to the engagement of labour and the classification of employees. The Federal Circuit Court was tasked with determining whether the agreement met the legal standards set out in the Fair Work Act 2009.

The court focused on whether the agreement provided fair and reasonable terms in line with the statutory framework. Key issues included the definition of "employee" and the implications of the agreement's terms for employee classification and rights. The court examined whether the agreement allowed for appropriate flexibility in the workforce while ensuring employees' protections were not undermined. It also considered whether the agreement's terms were consistent with the broader objectives of the Fair Work Act, particularly in terms of promoting cooperative and productive workplace relations.

The court found that the Lend Lease Services Power NSW Agreement 2013 - 2014 was consistent with the requirements of the Fair Work Act. It concluded that the agreement offered fair and reasonable terms for the employees and was consistent with the statutory objectives. The court emphasised that the agreement provided necessary flexibility for Lend Lease Services to operate effectively while maintaining the employees' rights and protections. The application for approval was therefore granted.

The Federal Circuit Court ordered that the Lend Lease Services Power NSW Agreement 2013 - 2014 be approved and registered under the Fair Work Act 2009. The decision confirmed the agreement's compliance with the statutory framework and provided clarity on the interpretation of the relevant terms. The court's approval facilitated the agreement's implementation, allowing Lend Lease Services and the CFMEU to proceed with their operations under the agreed terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established