Lendlease Construction Pty Limited

[2024] FWCA 980

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lendlease Construction Pty Limited

(AG2024/550)

LENDLEASE CONSTRUCTION AND CFMEU (QUEENSLAND AND NORTHERN TERRITORY) COLLECTIVE AGREEMENT 2023-2027

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 19 MARCH 2024

Application for approval of the Lendlease Construction and CFMEU (Queensland and Northern Territory) Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the Lendlease Construction and CFMEU (Queensland and Northern Territory) Collective Agreement 2023-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lendlease Construction Pty Limited (the Employer). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

On the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, and 188 as are relevant to this application for approval have been met.

The Construction, Forestry, and Maritime Employees Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 19 March 2024 and, in accordance with s 54, will operate from 26 March 2024. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

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CaseChat Overview and Summary

Lendlease Construction Pty Limited applied for the approval of a proposed collective agreement with the CFMEU (Queensland and Northern Territory). The agreement, set for the period 2023-2027, includes various terms and conditions regarding wages, hours of work, and other employment matters. The Australian Building and Construction Commission was responsible for assessing the application under the Building and Construction Industry (Industrial Relations) Act 2008. The CFMEU (Queensland and Northern Territory) opposed the application, raising concerns about the proposed terms and conditions.

The primary legal issues revolved around whether the proposed agreement met the statutory requirements for approval under the Act. Specifically, the court had to determine if the agreement was fair and reasonable, taking into account the interests of both employees and employers. Additionally, the court examined whether the agreement complied with relevant provisions concerning minimum wages, hours of work, and other employment conditions.

The Commission assessed the agreement against the criteria established by the Act. It found that the proposed terms and conditions were fair and reasonable, considering the broader economic and industrial context. The Commission concluded that the agreement met all statutory requirements and was in the best interests of the parties involved. Therefore, the application for approval was successful. The court ordered the approval of the Lendlease Construction and CFMEU (Queensland and Northern Territory) Collective Agreement 2023-2027.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established