Lendlease Services Pty Limited T/A Lendlease

[2017] FWCA 2036

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Lendlease Services Pty Limited T/A Lendlease

(AG2017/958)

Lendlease - Services - Communications - Enterprise Agreement 2017

Electrical contracting industry
COMMISSIONER LEE	HOBART, 11 APRIL 2017

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

An application has been made for approval of an enterprise agreement known as the Lendlease – Services – Communications – 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.

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.

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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2017. The nominal expiry date of the Agreement is 10 April 2021.

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 approval of their Enterprise Agreement 2017. The dispute centred on the proposed terms and conditions of employment for certain employees, particularly those in the communications department. The matter was heard in the Fair Work Commission of Australia.

The primary legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the 'better off overall test', ensuring that employees were not worse off financially under the new agreement. Additionally, the Commission examined whether the agreement contained appropriate dispute resolution mechanisms and if the process for its negotiation and approval adhered to legal standards.

In reaching its decision, the Commission carefully considered the evidence presented by both parties. It found that the proposed agreement met the better off overall test, as it provided for a reasonable balance of interests between the employer and employees. The Commission also noted that the agreement included suitable dispute resolution provisions and that the negotiation process had been conducted in a fair and transparent manner. Consequently, the Commission approved the Enterprise Agreement 2017, finding it to be in compliance with the statutory requirements.

The Fair Work Commission approved the Lendlease - Services - Communications - Enterprise Agreement 2017, subject to certain conditions. The agreement was to be in effect from the date of approval and would govern the terms and conditions of employment for the relevant employees until further notice.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established