DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lendlease Building Contractors Pty Ltd
(AG2016/6870)

LENDLEASE BUILDING AND CFMEU (WA) GREENFIELDS AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 17 NOVEMBER 2016

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

[1] An application has been made for approval of a greenfields agreement known as the Lendlease Building and CFMEU (WA) Greenfields Agreement 2016-2020 (Agreement). The application was made by Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Mining and Energy Union and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2016. The nominal expiry date of the Agreement is 1 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lendlease Building Contractors Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (WA) Greenfields Branch. The agreement, if approved, would bind Lendlease and its employees who are members of the union. The dispute arose over the union's claim that the agreement should be approved despite objections from Lendlease, primarily regarding the fairness and enforceability of certain clauses.

The central legal issue before the Commission was whether the agreement, as proposed, complied with the requirements of the Fair Work Act 2009, specifically whether it was fair and in the best interests of the employees. Key points of contention included the enforceability of certain provisions, the impact on employees' working conditions, and whether the agreement met the 'better off overall' test. The Commission needed to determine if the agreement achieved a balance between the interests of the employer and the employees, ensuring it was fair and did not unfairly disadvantage any party.

The Fair Work Commission found that the agreement was fair and met the statutory requirements. The Commission concluded that the agreement was in the best interests of the employees, as it provided them with protections and benefits that were not available under the applicable award. The Commission also found that the agreement was not likely to have an adverse effect on the employees' working conditions or employment opportunities. The Commission noted that the agreement had been negotiated in good faith and that the union had provided adequate representation to the employees. The Commission approved the agreement, stating that it was fair and in the best interests of the employees.

The Commission issued an order approving the Lendlease Building and CFMEU (WA) Greenfields Agreement 2016-2020, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees covered by the agreement. The order also provided for the agreement to be incorporated into the relevant award, ensuring that the terms of the agreement would apply to all employees within the scope of the award.

Lendlease Building Contractors Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established