Lendlease Engineering Pty Ltd

[2018] FWCA 3356

[2018] FWCA 3356

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lendlease Engineering Pty Ltd
(AG2018/1780)

LENDLEASE ENGINEERING PTY LTD GAWLER RAIL ELECTRIFICATION (CIVIL WORKS) PROJECT GREENFIELDS AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 7 JUNE 2018

Application for approval of the Lendlease Engineering Pty Ltd Gawler Rail Electrification (Civil Works) Project Greenfields Agreement 2018.

[1] An application has been made for approval of an enterprise Agreement known as the Lendlease Engineering Pty Ltd Gawler Rail Electrification (Civil Works) Project Greenfields Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Lendlease Engineering Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.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 Construction, Forestry, Maritime, Mining and Energy Union and The Australian Workers’ Union are 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[5] The Agreement contained a minor error at clause 11. Pursuant to section 586(a) of the Act, the error is corrected in the published Agreement.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[8] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and The Australian Workers’ Union, and that the Agreement covers these organisations.

[9] The Agreement was approved on 7 June 2018 and, in accordance with s.54, will operate from 14 June 2018. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

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<AE428740  PR607934>

Annexure A