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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Lendlease Building Pty Ltd, trading as Lendlease Building, and the Queensland Government. The dispute centred on the approval of the Lendlease Building Pty Limited Cairns Convention Centre Project Greenfields Agreement 2020, a project that aimed to construct a convention centre in Cairns. The case was heard in the Queensland Land Court, where the primary issue was whether the agreement met the requirements for approval under the Development Act 1998 (Qld). Specifically, the court had to determine if the agreement was an appropriate tool for the development and if it was in the public interest.

The legal issues addressed by the court included whether the agreement was necessary and suitable for the project, and if it aligned with the statutory requirements and public interest. The court examined the scope and content of the agreement, the rationale behind it, and its compatibility with broader planning and development policies. The court also considered the public interest aspects, including the economic, social, and environmental impacts of the proposed development. The court's analysis was based on statutory provisions, case law, and submissions from both parties.

In its reasoning, the court found that the agreement was necessary and suitable for the project, providing a clear framework for the development. The court concluded that the agreement met the statutory requirements and was in the public interest, taking into account the economic benefits, job creation, and alignment with regional development strategies. The court emphasised the importance of the project for regional development and its potential to contribute positively to the local economy and community. The court's decision was based on a detailed examination of the agreement, relevant legislation, and submissions from the parties. The court granted approval for the Lendlease Building Pty Limited Cairns Convention Centre Project Greenfields Agreement 2020.

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