DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lendlease Service Pty Limited
(AG2021/6771)

LENDLEASE - SERVICES - COMMUNICATIONS - ENTERPRISE AGREEMENT 2021

Electrical contracting industry
DEPUTY PRESIDENT DEAN	CANBERRA, 31 AUGUST 2021

Application for approval of the Lendlease - Services - Communications - Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Lendlease - Services - Communications - Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lendlease Service Pty Limited (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking 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.

[4] 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.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 September 2021. The nominal expiry date of the Agreement is 30 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lendlease Service Pty Limited recently appeared before the Fair Work Commission in an application for the approval of the Lendlease – Services – Communications – Enterprise Agreement 2021. The applicant, Lendlease Services, sought the approval of the agreement under the Fair Work Act 2009. The agreement in question was reached between Lendlease Services and the Communication Workers Union. The dispute involved whether the proposed enterprise agreement complied with the requirements of the Act and the Fair Work Regulations, particularly in relation to the notice, consultation, and approval process.

The legal issues before the Commission centred on the procedural fairness and compliance of the agreement with statutory provisions. Key concerns included whether proper consultation had been conducted with the employees, whether the required notices had been provided, and whether the agreement met the criteria for being a "better off overall" agreement. The Commission also needed to consider whether the agreement adhered to the Fair Work (Registered Organisations) Act 2009 in terms of the representation of the employees.

The Fair Work Commission found that the application met the necessary statutory criteria for approval. The applicant had demonstrated that the agreement was a "better off overall" agreement, as it provided employees with benefits that outweighed any detriments. The Commission also found that the proper consultation processes had been followed and that all required notices were issued. Consequently, the application for the approval of the Lendlease – Services – Communications – Enterprise Agreement 2021 was approved. The Commission's decision was based on a comprehensive review of the evidence and the satisfaction of the legal requirements under the Fair Work Act 2009 and the Fair Work Regulations.

Lendlease Service 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