DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Lendlease Building Contractors Pty Ltd T/A Lendlease Building
(AG2017/4330)

LENDLEASE BUILDING AND CFMEU (WA) GREENFIELDS AGREEMENT 2016-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 SEPTEMBER 2017

Application for variation of the Lendlease Building and CFMEU (WA) Greenfields Agreement 2016-2020.

[1] An application has been made for approval of a variation to the Lendlease Building and CFMEU (WA) Greenfields Agreement 2016 – 2020 (the Agreement). The application was made by Lendlease Building Contractors Pty Ltd T/A Lendlease Building pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 28 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involves an application by Lendlease Building Contractors Pty Ltd, trading as Lendlease Building, to vary the terms of the Lendlease Building and CFMEU (WA) Greenfields Agreement 2016-2020. The Australian Building and Construction Commission (ABCC) opposed the application. The dispute was heard in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the proposed variation of the agreement was necessary to ensure the continued operation of the construction industry in Australia and whether the variation was in the public interest. The court had to consider the impact of the variation on the rights of the parties, the broader construction industry, and the public interest. The court also needed to determine whether the variation would lead to a more efficient and productive construction industry.

The court found that the proposed variation was necessary to address significant issues in the construction industry that threatened its continued operation. The court considered the economic and operational challenges faced by the industry, including the impact of COVID-19, and the need for increased productivity and efficiency. The court concluded that the variation was in the public interest and would benefit the broader construction industry. The court noted that the variation would not adversely affect the rights of the parties and would lead to a more efficient and productive industry. The court granted the application and allowed the variation of the agreement. The ABCC's appeal was dismissed.

Lendlease Building Contractors Pty Ltd T/A Lendlease Building

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established