DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lendlease Services Pty Limited T/A Lendlease Services
(AG2018/3407)

LENDLEASE SERVICES PTY LIMITED AND ETU POWERLINE ENTERPRISE AGREEMENT 2017-2020

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 1 AUGUST 2018

Application for approval of the Lendlease Services Pty Limited and ETU Powerline Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Lendlease Services Pty Limited and ETU Powerline Enterprise Agreement 2017-2020 (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 Services. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2018. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lendlease Services Pty Limited, trading as Lendlease Services, applied to the Fair Work Commission for the approval of the Enterprise Agreement between Lendlease Services and the Electrical Trades Union (Powerline Enterprise Agreement 2017-2020). The application was contested by the Electrical Trades Union. The central issue in the case was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it was a "better off overall test" agreement, meaning it provided employees with benefits that were at least as good as those under the applicable award or registered agreement.

The Commission examined the terms and conditions of the proposed agreement, including wages, hours of work, leave provisions, and other employment terms. The Commission considered the overall benefits and detriments to employees, weighing the advantages of the proposed agreement against the existing terms. The Commission found that the agreement provided employees with terms and conditions that were at least as good as those under the applicable award, and thus satisfied the "better off overall test." Consequently, the Commission approved the agreement.

The approval was subject to certain conditions, including the requirement for the agreement to be registered with the Fair Work Commission. The Electrical Trades Union's objections were dismissed, and the agreement was approved as it provided a fair balance of benefits and detriments to the employees.

Lendlease Services Pty Limited T/A Lendlease Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established