DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Lendlease Building Pty Ltd T/A Lendlease Building
(AG2017/4212)

LENDLEASE BUILDING / CFMEU (NEW SOUTH WALES, AUSTRALIAN CAPITAL TERRITORY, VICTORIA AND TASMANIA) AGREEMENT 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 SEPTEMBER 2017

Application for variation of the Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016.

[1] An application has been made for approval of a variation to the Lendlease Building / CFMEU (New South Wales, Australian Capital Territory, Victoria and Tasmania) Agreement 2016 (the Agreement). The application was made by Lendlease Building Pty Ltd T/A Lendlease Building pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 21 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Lendlease Building Pty Ltd, trading as Lendlease Building, applied to the Fair Work Commission for a variation to the existing enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for workers in New South Wales, the Australian Capital Territory, Victoria, and Tasmania. The application centred on changes to the agreement's terms, including adjustments to employee entitlements, working hours, and dispute resolution mechanisms. The Fair Work Commission was tasked with determining whether the proposed changes were fair and reasonable, considering the interests of both employers and employees.

The primary legal issue the Commission had to resolve was whether the proposed changes to the agreement met the criteria for a fair and reasonable variation under the Fair Work Act 2009. This involved assessing whether the changes were necessary to accommodate a significant change in circumstances, whether they were procedurally fair, and whether they balanced the interests of the parties. The Commission also considered the impact of the changes on the employees, including whether they were consistent with the principles of procedural fairness and whether they provided adequate protection to employees' rights.

In its decision, the Commission examined the evidence provided by both parties and analysed the implications of the proposed changes. It found that the changes were necessary to address changes in the industry and to maintain the competitiveness of Lendlease Building. The Commission also noted that the process followed to negotiate the changes was fair and that the changes were reasonable in terms of balancing the interests of both parties. The Commission ultimately determined that the proposed changes met the statutory criteria for a fair and reasonable variation and approved the application.

The Commission issued an order approving the variation to the enterprise agreement. The new terms and conditions set out in the variation will apply to the employees covered by the agreement, effective from the date specified in the order. Both parties are bound by the terms of the new agreement, which supersedes the previous terms unless otherwise stated. The decision provides clarity on the process for varying enterprise agreements and reinforces the importance of balancing the interests of employers and employees in such negotiations.

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