DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lendlease Services Pty Limited T/A Lendlease
(AG2020/2691)

LENDLEASE – SERVICES – INDUSTRIAL SERVICES – NSW – ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 28 SEPTEMBER 2020

Application for approval of the Lendlease - Services - Industrial Services - NSW - Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Lendlease - Services - Industrial Services - NSW - Enterprise Agreement 2020 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 October 2020. The nominal expiry date of the Agreement is 27 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Lendlease Services Pty Limited T/A Lendlease, sought the Fair Work Commission's approval of the Lendlease - Services - Industrial Services - NSW - Enterprise Agreement 2020. The respondents included the Australian Manufacturing Workers Union and various individual employees. The dispute centred around the certification and approval of the enterprise agreement under the Fair Work Act 2009. The applicants argued that the agreement met the necessary criteria for approval, while the respondents contended that the agreement did not appropriately address certain employee protections and entitlements.

The legal issues before the court involved determining whether the enterprise agreement complied with the statutory requirements set out in the Fair Work Act. Specifically, the court had to assess whether the agreement provided for fair and reasonable terms and conditions, and whether it had been made in accordance with the processes outlined in the Act. The court also needed to consider whether the agreement was likely to achieve a better industrial relations outcome for the employees involved.

The Fair Work Commission examined the agreement's provisions and the processes leading to its creation. The Commission found that the agreement included fair and reasonable terms and conditions, and that it had been made following the necessary procedural requirements. The Commission also determined that the agreement was likely to achieve a better industrial relations outcome for the employees, as it provided for appropriate wage increases, benefits, and working conditions. Consequently, the Commission approved the Lendlease - Services - Industrial Services - NSW - Enterprise Agreement 2020.

The final orders of the Fair Work Commission included the approval of the Lendlease - Services - Industrial Services - NSW - Enterprise Agreement 2020, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions of the employees covered by the agreement.

Lendlease Services Pty Limited T/A Lendlease

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established