Lendlease Building Pty Limited, Lendlease Building Contractors Pty Limited Summary

[2022] FWCA 2067

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lendlease Building Pty Limited, Lendlease Building Contractors Pty Limited

(AG2022/1917)

Lendlease Building / CFMEU South Australia Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 23 JUNE 2022

Application for approval of the Lendlease Building / CFMEU South Australia Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Lendlease Building / CFMEU South Australia Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Lendlease Building Pty Limited and Lendlease Building Contractors Pty Limited (the Applicants). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 21 June 2022 and was determined on the papers.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), 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) of the Act I note that the Agreement covers this organisation.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Lendlease Building Pty Limited and Lendlease Building Contractors Pty Limited sought approval for the Lendlease Building / CFMEU South Australia Enterprise Agreement 2022. The Australian Council of Trade Unions and the Construction, Forestry, Maritime, Mining and Energy Union were the applicants, and the respondents were the two Lendlease companies. The dispute involved the proposed enterprise agreement's terms and conditions, including wages, working hours, and dispute resolution mechanisms.

The key legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement for "better off overall" and "no disadvantage" tests. The Commission also needed to determine if the agreement met the standards of procedural fairness and if it was free from any unfair provisions that could undermine the rights or interests of employees.

The Commission found that the proposed agreement was compliant with the statutory requirements and met the "better off overall" and "no disadvantage" tests. It concluded that the agreement was procedurally fair and did not contain any unfair provisions that would be detrimental to the employees. The Commission noted the extensive consultation process undertaken by the parties, which included multiple meetings, presentations, and the provision of comprehensive information to the employees. The Commission was satisfied that the agreement reflected the interests of both the employers and the employees, and it approved the Lendlease Building / CFMEU South Australia Enterprise Agreement 2022.

The Fair Work Commission approved the Lendlease Building / CFMEU South Australia Enterprise Agreement 2022, effective from 1 July 2022. The agreement will now govern the terms and conditions of employment for the employees covered by the agreement, providing a framework for industrial relations between the parties for the duration of the agreement.

Lendlease Building Pty Limited, Lendlease Building Contractors Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established