Lendlease Construction Pty Limited and Lendlease Construction (Southern) Pty Limited
[2024] FWCA 3296
•20 SEPTEMBER 2024
| [2024] FWCA 3296 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Lendlease Construction Pty Limited and Lendlease Construction (Southern) Pty Limited
(AG2024/2739)
LENDLEASE CONSTRUCTION / CFMEU (NEW SOUTH WALES AND AUSTRALIAN CAPITAL TERRITORY) COLLECTIVE AGREEMENT 2024
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 20 SEPTEMBER 2024 |
Application for approval of the Lendlease Construction / CFMEU (New South Wales and Australian Capital Territory) Collective Agreement 2024
An application has been made for approval of an enterprise agreement known as the Lendlease Construction / CFMEU (New South Wales and Australian Capital Territory) Collective Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by related Employers Lendlease Construction Pty Limited and Lendlease Construction (Southern) Pty Limited. The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 29 May 2024 and the Agreement was made on 5 July 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
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 Applicant has raised that there are cross-referencing errors in clauses 8.2(f) and 8.2(i) of Appendix 4 as well as clause 1.1 of Appendix 6 of the Agreement, where the clauses contain the wording 'Error! Reference source not found'. The Applicant has also raised that clause 15.10 of Appendix 5 erroneously refers to clause 23.13(b) of the Building and Construction General On-site Award 2020, when it should refer to clause 24.13(b). Further, the Applicant has also identified that at clause 2.4 (Appendix 4) and clause 2.4 of (Appendix 5), the weekly Employee Benefit Rates (EBRs) for CW8 and CW9 employees from commencement and at the time of the 2025 pay increase, were inadvertently not updated in line with what had been agreed/specified. It was submitted that this was an administrative, typographical error when the rates were transferred into the Agreement and that the mistaken rates are the weekly amounts only. The proposed corrections to the weekly EBRs for CW8 and CW9 employees are detailed in Appendix A, which provides the amended table for clause 2.4 of Appendix 5, although I note that the same corrections are sought for the table at clause 2.4 of Appendix 4. I am satisfied that the errors identified above are obvious errors and I will amend the Agreement accordingly pursuant to s.218A of the Act.
The Construction, Forestry and Maritime Employees 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) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2024. The nominal expiry date of the Agreement is 4 July 2027.
DEPUTY PRESIDENT
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<AE526106 PR779372>
Appendix A
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