Lendlease Building Contractors Pty Ltd T/A Lendlease

[2017] FWCA 6917

The attached document replaces the document previously issued with the above code on 20 December 2017.

Annexure A has been amended to correct a typographical error.

Associate to Commissioner McKinnon

Dated 21 December 2017

[2017] FWCA 6917

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Lendlease Building Contractors Pty Ltd T/A Lendlease

(AG2017/5627)

Lendlease Building / CFMEU South Australia Enterprise Agreement 2017-2018

Building, metal and civil construction industries
Commissioner McKinnon	MELBOURNE, 20 DECEMBER 2017

Application for approval of the Lendlease Building / CFMEU South Australia Enterprise Agreement 2017-2018.

An application has been made for approval of an enterprise agreement known as the Lendlease Building / CFMEU South Australia Enterprise Agreement 2017-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lendlease Building Contractors Pty Ltd T/A Lendlease. The Agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, 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.

The Construction, Forestry, Mining and Energy 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lendlease Building Contractors Pty Ltd T/A Lendlease applied to the Fair Work Commission for approval of the Lendlease Building/CFME South Australia Enterprise Agreement 2017-2018. The applicant argued that the proposed agreement was fair and reasonable, while the respondent argued that it was not. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the procedural requirements for approval and whether it contained terms that were fair and reasonable. The Commission considered whether the agreement had been negotiated in good faith, whether it contained appropriate minimum terms, and whether it complied with the procedural requirements set out in the Fair Work Act. The Commission also considered whether the agreement contained terms that were fair and reasonable, having regard to the relevant factors set out in the Act.

The Commission found that the agreement had been negotiated in good faith and that it contained appropriate minimum terms. The Commission also found that the agreement complied with the procedural requirements set out in the Act, including the requirement for the agreement to be in writing and for it to be approved by a majority of the employees in the relevant bargaining unit. The Commission considered the evidence and submissions provided by both parties and was satisfied that the agreement was fair and reasonable. The Commission approved the agreement and made orders accordingly.

The final orders of the Commission were that the Lendlease Building/CFME South Australia Enterprise Agreement 2017-2018 be approved as a registered agreement under the Fair Work Act. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it would be in effect from 1 July 2017 until 30 June 2018. The Commission further ordered that the agreement would prevail over any inconsistent terms in any other registered agreement or award.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established