Lendlease Building Pty Ltd T/A Lendlease Building

[2020] FWCA 4267

[2020] FWCA 4267

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lendlease Building Pty Ltd T/A Lendlease Building
(AG2020/1869)

CAIRNS CONVENTION CENTRE PROJECT GREENFIELDS AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 13 AUGUST 2020

Application for approval of the Lendlease Building Pty Limited Cairns Convention Centre Project Greenfields Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Lendlease Building Pty Limited Cairns Convention Centre Project Greenfields Agreement 2020 (the Agreement). The application was made pursuant to s. 185 of Fair Work Act 2009 (the Act). It has been made by Lendlease Building Pty Ltd T/A Lendlease Building (the Applicant).

[2] This is a Greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

[3] The Applicant has provided written undertakings. 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. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] In accordance with s. 187(5)(a) of the Act, I am satisfied that the the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as The Australian Manufacturing Workers' Union (AMWU), the Construction, Forestry, Maritime, Mining & Energy Union (CFMMEU), the Electrical, Energy and Services Division, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU - Electrical Divisional Branch) and the Communications, Electrical, Electric, Electronic, Energy, Information, Postal, Plumbing, and Allied Services Union of Australia (Queensland and Northern Territory Plumbing Divisional Branch) (CEPU - Plumbing Divisional Branch) 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.

[5] 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.

[6] Pursuant to s. 53(2)(b) of the Act, I note the Agreement was made with the AMWU, the CFMMEU, the CEPU – Electrical Divisional Branch and the CEPU - Plumbing Divisional Branch and that the Agreement covers these organisations.

[7] The Agreement is approved and will operate in accordance with s. 54 of the Act.

COMMISSIONER

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