DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lendlease Services Pty Limited T/A Lendlease
(AG2016/6819)

LENDLEASE - SERVICES - CWA ROAD MAINTENANCE - ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 18 NOVEMBER 2016

Application for approval of the Lendlease - Services - CWA Road Maintenance - Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Lendlease - Services - CWA Road Maintenance - Enterprise Agreement 2016 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 Agreement was approved on 18 November 2016 and, in accordance with s.54, will operate from 25 November 2016. The nominal expiry date of the Agreement is 18 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lendlease Services Pty Limited, trading as Lendlease, applied for approval of the Lendlease – Services – CWA Road Maintenance Enterprise Agreement 2016 before the Fair Work Commission. The application was brought by the applicant under section 233 of the Fair Work Act 2009. The agreement was made between Lendlease, as the employer, and the Construction, Forestry, Maritime, Mining and Energy Union, representing the employees. The dispute involved the terms and conditions of employment for road maintenance workers employed by Lendlease. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act.

The central legal issues before the Commission were whether the agreement contained the minimum terms and conditions as required by the Act, whether it was made in good faith, and whether it complied with the provisions of the Act concerning the resolution of disputes. Additionally, the Commission had to consider whether the agreement was appropriately negotiated and if it provided for the proper operation of the enterprise. The applicant needed to demonstrate that the agreement was fair and balanced and did not undermine the safety and welfare of the employees.

In its decision, the Commission found that the agreement met the statutory requirements for approval. The Commission considered the evidence and submissions from both parties and concluded that the agreement contained the necessary minimum terms and conditions, was made in good faith, and complied with the dispute resolution provisions. The Commission also determined that the agreement was the product of genuine and meaningful negotiations and did not have an adverse effect on the safety and welfare of the employees. Accordingly, the Commission approved the Lendlease – Services – CWA Road Maintenance Enterprise Agreement 2016 under section 234 of the Fair Work Act.

The final orders of the Commission were that the Lendlease – Services – CWA Road Maintenance Enterprise Agreement 2016 be approved as a registered agreement under section 173 of the Fair Work Act, effective from the date of the Commission’s decision. The agreement was to be registered by the Commission and would remain in force until terminated in accordance with its provisions or until replaced by a new enterprise agreement. This decision provided clarity and certainty for both Lendlease and its employees regarding the terms and conditions of their employment.

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