DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lendlease Services Pty Limited T/A Delivering 4 Customers
(AG2021/4051)

DELIVERING FOR CUSTOMERS - ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 12 APRIL 2021

Application for approval of the Delivering for Customers - Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Delivering for Customers - Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 19 April 2021. The nominal expiry date of the Agreement is 11 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lendlease Services Pty Limited T/A Delivering 4 Customers applied to the Fair Work Commission for the approval of the Delivering for Customers - Enterprise Agreement 2021. The agreement was made between the employer and the Australian Services Union, and it was set to cover the employees of the business who are members of the union. The application was made under section 231 of the Fair Work Act 2009, and the Fair Work (Registered Organisations) Amendment Act 2020 required the employer to provide certain information to the Commission for it to consider in making its decision.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and whether it contained terms that were fair and reasonable. The Commission had to consider the terms of the agreement, the bargaining process, and any relevant submissions made by the parties. The Commission also had to consider whether the agreement would promote workplace harmony and productivity, and whether it provided for the proper management of the business.

The Commission found that the agreement met the requirements of the Fair Work Act 2009 and contained terms that were fair and reasonable. The Commission noted that the agreement provided for a structured and transparent process for resolving workplace disputes, and that it included provisions for consultation and communication between the employer and employees. The Commission also found that the agreement promoted workplace harmony and productivity, and that it provided for the proper management of the business. The Commission was satisfied that the agreement had been made in good faith and without any coercion or undue influence.

The Commission approved the Delivering for Customers - Enterprise Agreement 2021, which will now be registered by the Fair Work Registry. The agreement will apply to the employees of the business who are members of the Australian Services Union, and it will remain in effect until it is replaced by a new agreement or terminated in accordance with the Fair Work Act 2009.

Lendlease Services Pty Limited T/A Delivering 4 Customers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established