DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lend Lease Services Pty Ltd T/A Lend Lease
(AG2015/5020)

LEND LEASE - SERVICES - SOUTH EAST WATER CIVIL MAINTENANCE ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 25 SEPTEMBER 2015

Application for approval of the Lend Lease - Services - South East Water Civil Maintenance Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Lend Lease – Services – South East Water Civil Maintenance Enterprise Agreement 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 Ltd T/A Lend Lease. The Agreement is a single enterprise agreement.

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

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) 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 1 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

Lend Lease Services Pty Ltd, trading as Lend Lease, applied to the Fair Work Commission for approval of the Lend Lease - Services - South East Water Civil Maintenance Enterprise Agreement 2014. The dispute centred around whether the proposed agreement met the legal standards for an enterprise agreement under the Fair Work Act 2009. The parties involved were Lend Lease, the employer, and the employees represented by the Electrical Trades Union of Australia. The crux of the legal issues was whether the agreement appropriately covered the terms and conditions of employment, provided adequate mechanisms for resolving disputes, and complied with the procedural requirements stipulated by the Fair Work Act.

The Fair Work Commission examined the provisions of the agreement in light of the statutory requirements. The court assessed whether the agreement was genuinely negotiated, covered the necessary terms, and was appropriately certified by an accredited bargaining representative. The Commission found that the agreement had been genuinely negotiated and met the criteria for an enterprise agreement. The procedural requirements were met, and the agreement contained adequate provisions for resolving disputes. The court was satisfied that the agreement would not have an adverse effect on employees' terms and conditions of employment.

Accordingly, the Fair Work Commission approved the Lend Lease - Services - South East Water Civil Maintenance Enterprise Agreement 2014. The decision was made on the basis that the agreement complied with the necessary legislative requirements and was to the benefit of the employees involved. The Commission's approval of the agreement was a formal recognition that the terms and conditions it contained were fair and reasonable.

Lend Lease Services Pty Ltd T/A Lend Lease

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established