DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lendlease Building Pty Ltd T/A Lendlease Building
(AG2019/3031)

LENDLEASE BUILDING NEW SOUTH WALES PLANT YARD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 SEPTEMBER 2019

Application for approval of the Lendlease Building New South Wales Plant Yard Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Lendlease Building New South Wales Plant Yard Enterprise Agreement 2019 (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 Ltd T/A Lendlease Building. 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 12 September 2019. The nominal expiry date of the Agreement is 4 September 2023.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Lendlease Building Pty Ltd trading as Lendlease Building, applied to the Fair Work Commission for the approval of the Lendlease Building New South Wales Plant Yard Enterprise Agreement 2019. The application involved determining whether the agreement met the requirements of the Fair Work Act 2009 for registration and whether it was made in good faith. The dispute arose as the applicant sought to formalise the terms and conditions of employment for workers in the plant yard enterprise at its New South Wales operations.

The central legal issues before the Commission were whether the agreement was a bona fide enterprise agreement and whether it had been made in accordance with the statutory requirements. This included verifying if the agreement was made without any improper influence, coercion, or favour, and if it was genuinely negotiated between the employer and the employees' representatives. Additionally, the Commission had to assess if the agreement covered all mandatory bargaining topics and if the process followed was fair and appropriate.

The Commission considered the evidence and submissions presented by both parties. It found that the agreement was made in good faith and without any improper influence or coercion. The process of negotiation was deemed fair, and the agreement was comprehensive, covering all mandatory topics. The Commission was satisfied that the agreement met the criteria for approval and was consistent with the provisions of the Fair Work Act. Consequently, the Commission approved the Lendlease Building New South Wales Plant Yard Enterprise Agreement 2019.

The Fair Work Commission approved the Lendlease Building New South Wales Plant Yard Enterprise Agreement 2019, determining it to be a bona fide agreement made in accordance with the statutory requirements. The Commission's decision was based on the evidence presented, which demonstrated a fair negotiation process and the absence of any improper influence or coercion. This approval formalised the terms and conditions of employment for the workers in the plant yard enterprise, providing a legally binding agreement between the employer and the employees.

Lendlease Building Pty Ltd T/A Lendlease Building

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established