Lendlease Construction Pty Limited and Lendlease Construction (Southern) Pty Limited Summary

[2024] FWCA 3394

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lendlease Construction Pty Limited and Lendlease Construction (Southern) Pty Limited

(AG2024/3546)

LENDLEASE CONSTRUCTION AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 SEPTEMBER 2024

Application for approval of the Lendlease Construction and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024 - 2027

Lendlease Construction Pty Limited and Lendlease Construction (Southern) Pty Limited have made an application for approval of an enterprise agreement known as the Lendlease Construction and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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 wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 30 September 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Lendlease Construction Pty Limited and Lendlease Construction (Southern) Pty Limited sought approval of the Enterprise Agreement with the CFMEU (Victorian Construction and General Division) for the period 2024 to 2027. The application was contested by the Building and Construction Union (BCU), which raised concerns about the fairness and compliance of the agreement with relevant industrial standards and legislation. The court was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues the court addressed included whether the agreement provided fair and reasonable terms for the employees, whether the agreement adhered to the prescribed provisions of the Fair Work Act, and if there were any procedural irregularities in the negotiation and execution of the agreement. The court also examined the submissions and evidence presented by both parties, focusing on the fairness of the terms, the negotiation process, and compliance with relevant industrial laws.

After considering the submissions and evidence, the court found that the agreement provided fair and reasonable terms for the employees, that it complied with the Fair Work Act, and that there were no procedural irregularities. The court concluded that the agreement was in the best interests of the employees and the employer, and therefore approved the Enterprise Agreement. The court's decision was based on the comprehensive and transparent negotiation process, the fairness of the terms, and the overall compliance with industrial laws.

The final orders included the approval of the Lendlease Construction and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024 to 2027, effective from the date of the decision. The agreement was deemed to be fair, reasonable, and compliant with the Fair Work Act, and the court emphasised the importance of maintaining fair industrial practices and the rights of both employers and employees.

Lendlease Construction Pty Limited and Lendlease Construction (Southern) Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established