Lendlease Services Pty Limited T/A Lendlease Services

[2018] FWCA 3052

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Lendlease Services Pty Limited T/A Lendlease Services

(AG2018/647)

Lendlease - Services - NSW Electrical Projects - Enterprise Agreement 2018

Electrical contracting industry
Commissioner Wilson	MELBOURNE, 29 MAY 2018

Application for approval of the Lendlease - Services - NSW Electrical Projects - Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Lendlease - Services - NSW Electrical Projects - Enterprise Agreement 2018 (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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 June 2018. The nominal expiry date of the Agreement is 28 May 2022.

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 Lendlease Services NSW Electrical Projects Enterprise Agreement 2018. The agreement was intended to govern the terms and conditions of employment for certain employees in the electrical projects division of Lendlease Services in New South Wales. The application arose from negotiations between Lendlease Services and the Electrical Trades Union of Australia, which aimed to establish a new enterprise agreement to replace the existing one. The dispute centred around the terms and conditions outlined in the proposed agreement and whether it met the requirements under the Fair Work Act 2009.

The primary legal issues the Fair Work Commission had to decide were whether the proposed agreement provided for the safety net of minimum entitlements and whether it was made in good faith. The Commission also had to consider whether the agreement contained any terms that were contrary to public policy or not genuinely agreed upon by the parties. The application for approval hinged on whether the agreement met the statutory requirements and provided for the minimum entitlements as stipulated by the Fair Work Act.

In its decision, the Commission found that the proposed agreement provided for the safety net of minimum entitlements and was made in good faith. The Commission noted that the agreement contained terms that were genuinely negotiated and agreed upon by both parties. It also found that the agreement did not contain any terms that were contrary to public policy. As a result, the Fair Work Commission approved the Lendlease Services NSW Electrical Projects Enterprise Agreement 2018, finding it to be compliant with the statutory requirements.

The final orders of the Commission included the approval of the proposed enterprise agreement, effective from the date of the decision. The Commission also directed that the agreement be registered with the Fair Work Commission and that the terms and conditions outlined in the agreement would apply to the relevant employees from the effective date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established