DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lendlease Building Pty Limited; Lendlease Building Contractors Pty Limited
(AG2021/6073)

LENDLEASE BUILDING AND CFMEU (WA) ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 19 JULY 2021

Application for approval of the Lendlease Building and CFMEU (WA) Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the Lendlease Building and CFMEU (WA) Enterprise Agreement 2020-2024 (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; Lendlease Building Contractors Pty Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Lendlease Building Pty Limited; Lendlease Building Contractors Pty Limited, the applicants sought approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (WA). The application was heard in the Fair Work Commission, where the applicants argued that the agreement provided for appropriate terms and conditions of employment, including wages and conditions for workers. The dispute centred around whether the agreement met the requirements under the Fair Work Act 2009 for an enterprise agreement to be approved.

The legal issues before the Commission included whether the agreement contained terms that were contrary to public policy or that failed to meet the minimum entitlements provided by the relevant industrial instruments. Additionally, the Commission considered whether the agreement provided adequate protection for employees, and whether it complied with the principles of good faith bargaining and procedural fairness. The applicants needed to demonstrate that the agreement was fair and reasonable and that it had been negotiated in good faith.

The Commission examined the provisions of the agreement and the bargaining process that led to its formation. It considered the submissions from both parties and relevant stakeholders. The Commission found that the agreement was negotiated in good faith, contained terms that were fair and reasonable, and did not contravene any public policy or minimum entitlements. The agreement was also found to provide adequate protection for employees and to comply with the relevant principles of good faith bargaining and procedural fairness. Therefore, the Commission approved the Lendlease Building and CFMEU (WA) Enterprise Agreement 2020-2024.

The final orders of the Commission were that the enterprise agreement be approved, and that it be registered with the Fair Work Commission. The agreement was to commence on the first day of the 2020-2024 period and would remain in effect until the earlier of its expiration or the making of a new agreement. The applicants were directed to provide a copy of the approved agreement to the Fair Work Ombudsman and to ensure that all employees were provided with a copy of the agreement and its terms and conditions.

Lendlease Building Pty Limited; Lendlease Building Contractors Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established