Lend Lease Services Pty Ltd Summary

[2013] FWCA 8345 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lend Lease Services Pty Ltd
(AG2013/9854)

AMWU & LEND LEASE SERVICES YARRA VALLEY WATER MAINTENANCE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 24 OCTOBER 2013

Application for approval of the AMWU & Lend Lease Services Yarra Valley Water Maintenance Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the AMWU & Lend Lease Services Yarra Valley Water Maintenance Enterprise Agreement 2013 (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 Ltd. 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 33 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 National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Lend Lease Services Pty Ltd sought approval for the AMWU & Lend Lease Services Yarra Valley Water Maintenance Enterprise Agreement 2013, which was to be registered under the Fair Work Act 2009. The Australian Manufacturing Workers' Union (AMWU) and Lend Lease Services, a major player in the Australian construction and facilities management industry, had entered into a collective agreement governing the terms and conditions of employment for Yarra Valley Water Maintenance workers. The application for approval was heard by the Fair Work Commission, which is responsible for regulating workplace relations and ensuring fair and equitable agreements are made between employers and employees.

The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in terms of its provisions concerning minimum wages, penalty rates, leave entitlements, and the procedural fairness in the negotiation process. The Commission had to ensure that the agreement did not disadvantage employees and that it was made in good faith and without coercion. Furthermore, the Commission considered whether the agreement provided for a fair and efficient workplace, taking into account the interests of both the employees and the employer.

The Fair Work Commission examined the provisions of the agreement and found that it complied with the statutory requirements of the Fair Work Act. The agreement provided for minimum wages and penalty rates that were at least equivalent to those mandated by the relevant industrial awards. It also included provisions for leave entitlements that were consistent with industry standards. The Commission was satisfied that the agreement had been negotiated in good faith and without any undue influence or coercion. The AMWU and Lend Lease Services had demonstrated a commitment to achieving a fair and efficient workplace, and the Commission found that the proposed agreement met the necessary criteria for approval.

The Fair Work Commission approved the AMWU & Lend Lease Services Yarra Valley Water Maintenance Enterprise Agreement 2013, and it was registered under the Fair Work Act 2009. This decision affirmed the importance of ensuring that collective agreements are made in good faith and provide fair and equitable terms and conditions of employment for workers. The approval of this agreement serves as a precedent for future negotiations between employers and unions in the Yarra Valley Water Maintenance industry.

Lend Lease Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established