Lendlease Services Pty Limited

[2016] FWCA 2350

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lendlease Services Pty Limited T/A Lendlease

(AG2016/456)

LENDLEASE - SERVICES - TRAFFIC MANAGEMENT VICTORIA -

ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries

COMMISSIONER GREGORY

MELBOURNE, 14 APRIL 2016

Application for approval of the Lendlease - Services - Traffic Management Victoria -

Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Lendlease - Services - Traffic Management Victoria - Enterprise Agreement 2015 (the

Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

It has been made by Lendlease Services Pty Limited T/A Lendlease. The Agreement is a

single enterprise agreement.

[2] 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.

[3] 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.

[4] 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.
[2016] FWCA 2350

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

21 April 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 2350

ANNEXURE A

[2016] FWCA 2350

CaseChat Overview and Summary

The case involves Lendlease Services Pty Limited, trading as Lendlease, who sought approval for an enterprise agreement, the Lendlease - Services - Traffic Management Victoria - Enterprise Agreement 2015, under the Fair Work Act 2009. The application was made to Commissioner Gregory, who was hearing the matter in Melbourne on April 14, 2016. The applicant provided written undertakings, which the Commissioner found would not cause financial detriment to employees or result in substantial changes to the agreement. The Australian Workers’ Union, a bargaining representative, also indicated its desire for the agreement to cover its members.

The primary legal issues before the Commissioner were whether the enterprise agreement met the requirements of sections 186, 187, 188, and 190 of the Fair Work Act 2009, and whether the agreement would cause financial detriment to employees or result in substantial changes. The Commissioner concluded that the agreement satisfied these requirements and that the provided undertakings would not negatively impact the employees or the agreement. The Commissioner also noted that the agreement covered the relevant organisation as per section 201(2) of the Act.

Upon determining that the agreement met all statutory requirements and that the undertakings were acceptable, the Commissioner approved the Lendlease - Services - Traffic Management Victoria - Enterprise Agreement 2015. The agreement was set to operate from April 21, 2016, and its nominal expiry date was set for June 30, 2019, in accordance with section 54 of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established