DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lend Lease Services Pty Ltd T/A Lend Lease Services
(AG2016/2906)

LENDLEASE - UTILITIES & INFRASTRUCTURE - QUEENSLAND - ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 JUNE 2016

Application for approval of the Lendlease - Utilities & Infrastructure - Queensland - Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Lendlease - Utilities & Infrastructure - Queensland - 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 Ltd T/A Lend Lease Services. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 6 June 2016 and, in accordance with s.54, will operate from 13 June 2016. The nominal expiry date of the Agreement is 6 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lend Lease Services Pty Ltd, trading as Lend Lease Services, applied to the Fair Work Commission for approval of the Lendlease - Utilities & Infrastructure - Queensland - Enterprise Agreement 2016. The dispute involved the terms and conditions of employment for the employees covered by the agreement. The matter was heard in the Fair Work Commission of Australia. The central legal issue was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement for genuine bargaining and the protection of employee rights. The court had to determine if the agreement was made in good faith and if it provided fair and reasonable terms and conditions of employment.

The Fair Work Commission examined the evidence provided by both parties and assessed whether the agreement met the statutory criteria for approval. The Commission considered the process of bargaining, the fairness of the terms, and whether the agreement was made without coercion, duress or other unfair practices. In its decision, the Commission found that the agreement was genuinely bargained and met the requirements of the Act. The Commission approved the enterprise agreement, noting the efforts made by both parties to reach a fair and reasonable outcome.

The Commission's decision was based on the evidence presented, which demonstrated that the agreement was the result of genuine bargaining efforts and provided fair and reasonable terms and conditions of employment. The Commission acknowledged the need for flexibility in the workplace and recognised the efforts made by the parties to reach a consensus. The approval of the agreement ensures that the employees covered by it will have their rights and obligations clearly defined, providing a stable and predictable work environment. The decision sets a precedent for future enterprise agreements in the industry, emphasising the importance of genuine bargaining and fair terms.

Lend Lease Services Pty Ltd T/A Lend Lease Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established