DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lendlease Services Pty Limited t/a Lendlease
(AG2019/4174)

LENDLEASE - SERVICES - VICTORIAN TRANSPORT INFRASTRUCTURE - ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 9 JANUARY 2020

Application for approval of the Lendlease - Services - Victorian Transport Infrastructure - Enterprise Agreement 2019.

[1] Lendlease has applied for approval of a single enterprise agreement known as the Lendlease - Services - Victorian Transport Infrastructure - Enterprise Agreement 2019 (the Agreement), pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether: the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and passes the better off overall test. Further information was provided in relation to these concerns.

[3] Noting clause 6.4.1 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representatives did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[6] The Agreement was approved on 9 January 2020 and, in accordance with s.54, will operate from 16 January 2020. The nominal expiry date of the Agreement is 31 December 2020.

[7] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

CaseChat Overview and Summary

Lendlease Services Pty Limited, trading as Lendlease, applied for the approval of the Lendlease – Services – Victorian Transport Infrastructure – Enterprise Agreement 2019. The application was made to the Fair Work Commission, which was required to consider the application and determine whether the agreement met the necessary criteria for approval. The agreement in question sought to establish terms and conditions for employees within the Victorian Transport Infrastructure sector employed by Lendlease. The dispute centred on whether the agreement complied with the relevant industrial relations laws and if it was fair and reasonable for the employees covered by it.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements set out in the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement was in the best interests of the employees, was free from any coercion or unfair pressure, and had been negotiated in good faith. Additionally, the Commission considered whether the agreement contained all the mandated terms and conditions and if it adhered to the procedural requirements outlined in the Act. The Commission also examined the nature of the negotiations and the process leading up to the agreement to ensure there was no undue influence or improper conduct.

After reviewing the application and the supporting evidence, the Fair Work Commission found that the Lendlease – Services – Victorian Transport Infrastructure – Enterprise Agreement 2019 met the necessary criteria for approval. The Commission determined that the agreement was fair and reasonable for the employees, was free from any coercion or unfair pressure, and had been negotiated in good faith. Furthermore, the Commission confirmed that the agreement contained all the mandated terms and conditions and adhered to the procedural requirements of the Fair Work Act 2009. The Commission was satisfied that the negotiation process was appropriate and that there was no undue influence or improper conduct. Consequently, the Commission approved the agreement.

In light of the findings, the Fair Work Commission approved the Lendlease – Services – Victorian Transport Infrastructure – Enterprise Agreement 2019. The agreement was to be registered and would then form the basis of the employment terms and conditions for the employees covered by it. The approval signified that the agreement was deemed to be fair, reasonable, and in the best interests of the employees, and it complied with the relevant industrial relations laws. The decision provided certainty and clarity for both Lendlease and the employees, ensuring that the agreed terms and conditions were legally binding and enforceable.

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