DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lendlease Services Pty Limited T/A Lendlease
(AG2020/1540)

DELIVERING FOR CUSTOMERS - MECHANICAL AND ELECTRICAL ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 12 JUNE 2020

Application for approval of the Delivering for Customers - Mechanical and Electrical Enterprise Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Delivering for Customers - Mechanical and Electrical Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Lendlease Services Pty Limited T/A Lendlease, John Holland Group Pty Ltd & Comdain Services Pty Ltd T/A Comdain as single interest employers engaged in a joint venture.

[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. In particular, I am satisfied that “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 19 June 2020. The nominal expiry date of the Agreement is 11 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Lendlease Services Pty Limited, trading as Lendlease, applied for approval of the Delivering for Customers - Mechanical and Electrical Enterprise Agreement 2020. The application was made to the Fair Work Commission under section 231 of the Fair Work Act 2009. The dispute centred on the proposed enterprise agreement which sought to govern the terms and conditions of employment for mechanical and electrical employees within the company.

The legal issues before the Commission were whether the agreement met the statutory requirements for registration under the Fair Work Act, including whether the agreement provided for the prescribed minimum entitlements, and whether it was made in good faith and without coercion. Additionally, the Commission needed to consider whether the agreement was in the best interests of the employees it covered.

The Commission determined that the agreement satisfied the legal requirements for approval. The agreement included all prescribed minimum entitlements, and the Commission was satisfied that it was made in good faith and without any element of coercion. The Commission also found that the agreement was in the best interests of the employees it covered, taking into account the benefits and protections it provided. Consequently, the Commission approved the Delivering for Customers - Mechanical and Electrical Enterprise Agreement 2020. The approval was effective from the date of the Commission's decision.

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