DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lendlease Engineering Pty Limited
(AG2017/1537)

LENDLEASE ENGINEERING PTY LTD NEW SOUTH WALES ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 JUNE 2017

Application for approval of the Lendlease Engineering Pty Ltd New South Wales Enterprise Agreement 2016.

[1] Further to the decision of the Commission issued on 6 June 2017 [[2017] FWC 3080], an application has been made for approval of an enterprise agreement known as the Lendlease Engineering Pty Ltd New South Wales Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lendlease Engineering Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Workers’ 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.

[4] The Agreement was approved on and, in accordance with s.54, will operate from 15 June 2017. The nominal expiry date of the Agreement is 2 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Lendlease Engineering Pty Limited sought approval of the Lendlease Engineering Pty Ltd New South Wales Enterprise Agreement 2016. The applicant, Lendlease Engineering, is an employer in the construction industry, while the respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), represents the employees. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009, including provisions for fair and reasonable terms and conditions of employment.

The central legal issues revolved around whether the agreement provided for fair and reasonable terms and conditions for the employees, including pay rates, penalty rates, and other employment conditions. The Commission needed to determine if the proposed agreement complied with the criteria for an enterprise agreement as set out in the Fair Work Act, including whether it was made in good faith and whether it provided for the terms and conditions of employment of the employees covered by the agreement. The Commission also had to consider whether the agreement met the requirements for "no disadvantage" and "better off overall" tests.

The Fair Work Commission found that the proposed agreement met the criteria for approval. The Commission was satisfied that the agreement was made in good faith and provided for fair and reasonable terms and conditions for the employees. The Commission found that the agreement provided for a reasonable balance of outcomes for both parties and that it met the "no disadvantage" and "better off overall" tests. The Commission also found that the agreement did not contain any terms that would be contrary to public policy or that would undermine the objectives of the Fair Work Act.

Accordingly, the Commission approved the Lendlease Engineering Pty Ltd New South Wales Enterprise Agreement 2016, which will now apply to the employees covered by the agreement. The applicant is required to give the respondent a copy of the approved agreement, and the agreement will be registered on the Register of Approved Agreements. The respondent is required to take all reasonable steps to bring the agreement to the attention of the employees covered by it.

Lendlease Engineering Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established