DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lendlease Building Pty Ltd
(AG2019/826)

LENDLEASE BUILDING VICTORIA PLANT YARD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 JUNE 2019

Application for approval of the Lendlease Building Victoria Plant Yard Enterprise Agreement 2019

[1] Lendlease Building Pty Ltd has made an application for approval of an enterprise agreement known as the Lendlease Building Victoria Plant Yard Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 3 June 2019 and, in accordance with s 54, will operate from 10 June 2019. The nominal expiry date of the Agreement is 3 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lendlease Building Pty Ltd applied to the Fair Work Commission for approval of the Lendlease Building Victoria Plant Yard Enterprise Agreement 2019. The dispute was between Lendlease Building and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing the employees. The Fair Work Commission heard the application.

The central legal issue was whether the proposed agreement complied with the statutory requirements under the Fair Work Act 2009, including provisions related to minimum entitlements, the scope of the agreement, and whether the agreement was made in good faith and without coercion. The Commission had to determine if the agreement met the necessary criteria for approval and if it provided fair and reasonable terms for the employees.

The Commission found that the proposed agreement satisfied the statutory requirements for approval. The agreement provided for minimum entitlements that met or exceeded those required by the relevant awards and included provisions for employee benefits, conditions of employment, and dispute resolution mechanisms. The Commission was satisfied that the agreement was made in good faith and without coercion, and it covered all employees within the defined scope of the agreement.

The Commission approved the Lendlease Building Victoria Plant Yard Enterprise Agreement 2019, effective from 1 July 2019. The decision was made in accordance with the statutory requirements and the principles of good faith bargaining and procedural fairness.

Lendlease Building Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established