Lendlease Construction (Qld/Wa) Pty Limited

[2025] FWCA 1873

[2025] FWCA 1873

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lendlease Construction (Qld/Wa) Pty Limited

(AG2025/1634)

LENDLEASE CONSTRUCTION AND CFMEU (WA) COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 18 JUNE 2025

Application for approval of the Lendlease Construction and CFMEU (WA) Collective Agreement 2024-2027

1. An application has been made for approval of an enterprise agreement known as the Lendlease Construction and CFMEU (WA) Collective Agreement 2024 – 2027 (Agreement). The application was made by Lendlease Construction (QLD/WA) Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement made pursuant to s.172(2)(a) and the employers covered are related employers within the meaning of s.172(5A) of the Act. Specifically, these employers are engaged in a ‘common enterprise’ (i.e. construction management that collectively operates as Lendlease’s construction business in Western Australia), and share a corporate structure under which they are all wholly-owned subsidiaries of Lendlease Construction (Aust) Holdings Pty Limited, such that they are ‘related bodies corporate’ (as defined in the Corporations Act 2001 (Cth)). The Agreement does not relate to a ‘genuine new enterprise’ that the employers are establishing or proposing to establish and is not a greenfields agreement made under section 172(2)(b) of the Act.

1. I observe that certain provisions of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 5.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

1. 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) of the Act, I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE529262  PR787908>