Lendlease Engineering Pty Ltd

[2019] FWCA 3412

[2019] FWCA 3412

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lendlease Engineering Pty Ltd
(AG2018/6766)

LENDLEASE ENGINEERING PTY LTD SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 16 MAY 2019

Application for approval of the Lendlease Engineering Pty Ltd South Australia Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lendlease Engineering Pty Ltd South Australia Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Lendlease Engineering Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 2 May 2019.

[3] On 10 May 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 14 May 2019. The undertaking deals with the following topics:

•  The reference to clause 20.1(a) of the Building & Construction General On-Site Award 2010 (the Award) in clause 33.5(a) of the Agreement will be read as a reference to clause 19.1(a) of the Award.

•  A person employed immediately prior to being engaged as an adult apprentice shall not suffer a reduction in pay. All other adult apprentices will be paid at the Agreement rate for an apprentice or the CW1 rate (whichever is the greater).

•  A shift worker who works a shift in accordance with clause 34.2 of the Award will be paid the allowance described in clause 24.1(b)(ii) of the Agreement.

[5] The “Australian Workers’ Union (AWU)” and “Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU)”, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 December 2020.

COMMISSIONER

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