Lendlease Building Pty Limited

[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

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.

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.

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, 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.

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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lendlease Building Pty Limited sought approval of an agreement with the Construction, Forestry, Maritime, Mining and Energy Union (Queensland and Northern Territory) under the Fair Work Act 2009. The application was made to the Fair Work Commission, which was required to decide whether the agreement met the criteria for approval set out in the Act.

The primary legal issues were whether the agreement provided for the protection of employees' terms and conditions of employment and whether it promoted harmonious, productive and cooperative workplace relations. The CFMEU argued that the agreement did not sufficiently protect employees' terms and conditions, particularly in relation to wage increases and penalty rates. Lendlease, on the other hand, maintained that the agreement was fair and balanced, and provided for appropriate protections and benefits for employees.

The Commission found that the agreement met the criteria for approval. It concluded that the agreement provided for appropriate protections for employees' terms and conditions, including minimum wage increases and penalty rates. The Commission also found that the agreement promoted harmonious, productive and cooperative workplace relations by providing for a clear and transparent dispute resolution process. The application for approval was therefore approved.

The Fair Work Commission approved the Lendlease Building / CFMEU (Queensland and Northern Territory) Agreement 2020, subject to certain conditions. These included a requirement that Lendlease provide the CFMEU with certain information about the operation of the agreement, and a requirement that the agreement be reviewed by the Commission after two years. The approval of the agreement is expected to provide certainty and stability for employees and employers in the building and construction industry in Queensland and the Northern Territory.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established