Lendlease Building Pty Ltd T/A Lendlease; Lendlease Building Contractors Pty Ltd (formerly Baulderstone Pty Ltd) T/A Lendlease; Lendlease Engineering Pty Ltd (formerly Abigroup Contractors Pty Ltd) T/A Lendlease v...

[2017] FWC 2698

[2017] FWC 2698

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.505 - Application to deal with a right of entry dispute

Lendlease Building Pty Ltd T/A Lendlease; Lendlease Building Contractors Pty Ltd (formerly Baulderstone Pty Ltd) T/A Lendlease; Lendlease Engineering Pty Ltd (formerly Abigroup Contractors Pty Ltd) T/A Lendlease
v
Construction, Forestry, Mining and Energy Union
(RE2014/761)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 17 MAY 2017

[1] On 18 February 2015 and by consent between the Construction, Forestry, Mining and Energy Union (CMFEU) and Lendlease Building Pty Ltd T/A Lendlease; Lendlease Building Contractors Pty Ltd (formerly Baulderstone Pty Ltd) T/A Lendlease; Lendlease Engineering Pty Ltd (formerly Abigroup Contractors Pty Ltd) T/A Lendlease (Lendlease entities), Senior Deputy President Watson issued an order [PR561155] (Original Order) under s.512 of the Fair Work Act 2009 (Act) for the issue of a right of entry permit for a number of the CFMEU’s officials.

[2] Subsequently and again by consent between the parties, I extended the original order of the Senior Deputy President on:

● 29 June 2016 [PR582176];

● 22 August 2016 [PR584453];

● 26 October 2016 [PR586973]; and

● 27 February 2017 [PR590548].

[3] On 3 April 2017, a conference took place before me and it was further agreed between the parties that the Original Order would again be extended [PR591541] (Extended Order); however, one of the Lendlease entities, being the civil business, objected to any further extensions being made after the expiry of PR591541 if “Lendlease engineering’ was not removed from the Extended Order. The CFMEU disputed this position.

[4] At a further conference before me on 5 May 2017 it was agreed that both the CFMEU and the Lendlease entities would provide submissions supporting their positions referred to in [3] and that the matter would be determined on the papers.

[5] Having considered the submissions, I am not persuaded that the orders made by consent in the context of a dispute which has since dissipated should continue applying to the civil business of Lendlease absent its consent. As such, the draft orders as proposed by the Lendlease entities on 10 May 2017 will be made with some minor modifications, noting that the CFMEU agrees that the orders should be made save for the exclusion of Lendlease engineering.

[6] An order giving effect to this decision has been separately issued in PR592988.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code A, PR592978>