DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lendlease Services Pty Limited T/A Lendlease
(AG2019/4612)

LENDLEASE - SERVICES - INDUSTRIAL SERVICES - SA - ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 DECEMBER 2019

Application for approval of the Lendlease - Services - Industrial Services - SA - Enterprise Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Lendlease - Services - Industrial Services - SA - Enterprise Agreement 2019 (the Agreement). The application was made by Lendlease Services Pty Limited T/A Lendlease pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers Union is 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] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Workers Union and that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 January 2020. The nominal expiry date of the Agreement is 31 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lendlease Services Pty Limited, trading as Lendlease, sought approval of the Lendlease Services Industrial Services SA Enterprise Agreement 2019 from the Fair Work Commission. The application was made under section 231 of the Fair Work Act 2009, which allows the Commission to approve an enterprise agreement if it determines that the agreement does not adversely affect employees' existing wages and conditions and that the agreement has been fairly negotiated.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements set out in the Fair Work Act 2009, specifically sections 230 and 231. The Commission had to assess if the agreement was fairly negotiated and if it did not have an adverse effect on the wages and conditions of the employees covered by the agreement.

The Commission determined that the agreement had been fairly negotiated and that it did not adversely affect the wages and conditions of the employees. The Commission found that the process followed in negotiating the agreement was appropriate and that all parties had engaged in good faith. The proposed agreement provided for a comprehensive set of terms and conditions that were considered to be at least as good as, or better than, the existing awards and conditions applicable to the employees. As a result, the Commission approved the Lendlease Services Industrial Services SA Enterprise Agreement 2019.

The Fair Work Commission approved the Lendlease Services Industrial Services SA Enterprise Agreement 2019, finding that it had been fairly negotiated and did not adversely affect the wages and conditions of the employees. This decision provides certainty to the parties involved and ensures that the agreement will govern the employment relationship between Lendlease and 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