DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lendlease Engineering Pty Ltd
(AG2019/189)

LENDLEASE ENGINEERING PTY LTD SOUTH AUSTRALIA ELECTRICAL ENTERPRISE AGREEMENT 2018

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 11 FEBRUARY 2019

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

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

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2019. The nominal expiry date of the Agreement is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Lendlease Engineering Pty Ltd, sought approval for the South Australia Electrical Enterprise Agreement 2018 from the Fair Work Commission (FWC). This agreement was intended to regulate the employment terms and conditions for employees within the company's electrical enterprise in South Australia. The dispute involved whether the agreement met the necessary standards and requirements set forth by the Fair Work Act 2009.

The primary legal issue before the FWC was whether the agreement provided minimum protections to the employees, as mandated by the Act. This included examining if the agreement contained all the prescribed minimum terms and conditions, and if it was made in good faith. Additionally, the FWC needed to assess whether the agreement complied with the process requirements, including if it was fairly negotiated and if appropriate consultation took place.

The FWC found that the agreement did indeed meet all the necessary requirements under the Act. It contained all the prescribed minimum terms and conditions and was made in good faith. The FWC also determined that the agreement was fairly negotiated and that appropriate consultation had taken place. Therefore, the FWC approved the agreement, ensuring that it would regulate the employment terms and conditions for the employees within the company's electrical enterprise in South Australia.

Lendlease Engineering Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established