Lendlease Services Pty Limited Summary

[2016] FWCA 1993

DECISION

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

Lendlease Services Pty Limited

(AG2016/413)

LENDLEASE - SERVICES - SOUTH AUSTRALIA - POWER -

MAINTENANCE - ENTERPRISE AGREEMENT 2015

Electrical contracting industry

COMMISSIONER PLATT

ADELAIDE, 31 MARCH 2016

Application for variation of the Lendlease-Services-South Australia-Power-Maintenance-

Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to an enterprise agreement

known as the Lendlease-Services-South Australia-Power-Maintenance-Enterprise Agreement

2015 (the Agreement). The Agreement is a single enterprise agreement. This application was

made by the employer, Lendlease Services Pty Limited pursuant to s.210 of the Fair Work

Act 2009 (the Act).

[2] The variation increases the Team Leader allowances set out in clause 2.4 of Schedule

2 of the Agreement.

[3] I have considered the application and accompanying declarations in support of the

application and am satisfied that each of the requirements of ss.210 and 211 of the Act as

relevant to this application for approval have been met.

[4] The variation to the Agreement is approved and will operate on and from 31 March

2016.
[2016] FWCA 1993

[5] A consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lendlease Services Pty Limited applied to the Fair Work Commission for approval of a variation to the Lendlease-Services-South Australia-Power-Maintenance-Enterprise Agreement 2015. The requested variation involved increasing the allowances for Team Leaders as outlined in clause 2.4 of Schedule 2 of the Agreement. The application was made under section 210 of the Fair Work Act 2009. Commissioner Platt was responsible for the decision. The legal issues before the court were whether the application met the statutory requirements for a variation to an enterprise agreement under the Fair Work Act 2009. Specifically, the court needed to determine if the application satisfied the criteria set out in sections 210 and 211 of the Act.

Commissioner Platt reviewed the application and supporting declarations and concluded that all statutory requirements for approving a variation to the enterprise agreement had been met. The Commission found that the application was in accordance with the relevant sections of the Act and that the proposed variation was procedurally and substantively valid. As a result, the court approved the variation, which increased the Team Leader allowances as requested by the employer. The variation was to take effect from 31 March 2016. A consolidated version of the amended agreement was attached to the decision.

Lendlease Services Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established