Lendlease Building Pty Limited

[2022] FWCA 2620

[2022] FWCA 2620

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lendlease Building Pty Limited

(AG2022/2475)

Lendlease Building / CFMEU (Queensland and Northern Territory) Agreement 2020

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 2 AUGUST 2022

Application for approval of the Lendlease Building / CFMEU (Queensland and Northern Territory) Agreement 2020

1. An application has been made for approval of an enterprise agreement known as the Lendlease Building / CFMEU (Queensland and Northern Territory) Agreement 2020 (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 Pty Limited. The Agreement is a single enterprise agreement.

1. The Employer 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. The undertakings are taken to be a term of the agreement.

1. 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.

1. The Construction, Forestry, Maritime, 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.

1. Noting that the permitted deductions at clause 41.6 of the Agreement may be unenforceable, the Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2022. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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Annexure A