DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lendlease Services Pty Limited T/A Lendlease
(AG2017/1917)

LENDLEASE - SERVICES - INDUSTRIAL SERVICES - NSW - ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 6 JULY 2017

Application for approval of the Lendlease - Services - Industrial Services - NSW - Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Lendlease – Services – Industrial Services – NSW – Enterprise Agreement 2017 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 July 2017. The nominal expiry date of the Agreement is 13 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lendlease Services Pty Limited, trading as Lendlease, applied to the Fair Work Commission for the approval of the Lendlease Services Industrial Services New South Wales Enterprise Agreement 2017. The application arose under the Fair Work Act 2009, which mandates that certain agreements must receive Fair Work Commission approval before they can be enforced. The dispute centred on whether the agreement met the statutory requirements for approval and whether it appropriately balanced the interests of both employees and the employer.

The primary legal issues the Commission needed to address were whether the agreement was a "single, clear and comprehensible" document, whether it contained the necessary minimum terms and conditions as prescribed by the Fair Work Act, and whether it was an "appropriate agreement" considering the broader context of industrial relations. Additionally, the Commission considered whether the agreement had been made in good faith and whether it provided for the fair and efficient resolution of workplace issues.

The Fair Work Commission found that the agreement was clear, comprehensive, and included all mandatory terms and conditions. The Commission also determined that the agreement was appropriate, balanced the interests of both parties, and had been made in good faith. Consequently, the Commission approved the Lendlease Services Industrial Services New South Wales Enterprise Agreement 2017, deeming it compliant with the legislative requirements.

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