DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

Lendlease Building Pty Ltd T/A Lendlease Building
(AG2018/5608)

LENDLEASE BUILDING / CFMEU (QUEENSLAND AND NORTHERN TERRITORY) AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 FEBRUARY 2019

Application for approval of the Lendlease Building / CFMEU (Queensland and Northern Territory) Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Lendlease Building / CFMEU (Queensland and Northern Territory) Agreement 2016 (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] 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2019. The nominal expiry date of the Agreement is 2 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lendlease Building Pty Ltd, trading as Lendlease Building, applied for approval of the Lendlease Building / CFMEU (Queensland and Northern Territory) Agreement 2016. The application was heard in the Fair Work Commission, where the union and the employer had entered into an agreement that needed approval to be registered and enforceable. The matter centred on whether the agreement complied with the necessary provisions of the Fair Work Act 2009, particularly concerning the requirements for fair and reasonable terms and conditions.

The key legal issues before the Commission involved whether the agreement met the statutory criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements for such agreements. The Commission had to consider the specific terms of the agreement, the bargaining process, and the nature of the dispute between the parties.

The Commission found that the agreement was fair and reasonable in all its terms and was made in good faith. It noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions on wages, working hours, and other employment-related matters. The Commission also concluded that the agreement was made following a proper bargaining process and met all procedural requirements for approval. Consequently, the Commission approved the agreement, finding it to be compliant with the statutory provisions.

The Commission's decision was that the Lendlease Building / CFMEU (Queensland and Northern Territory) Agreement 2016 be approved and registered under the Fair Work Act 2009. This ruling ensures that the terms and conditions set out in the agreement are legally enforceable and can be applied to the employees of Lendlease Building.

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