DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Lendlease Services Pty Limited T/A Lendlease Services
(AG2017/3073)

LENDLEASE - UTILITIES & INFRASTRUCTURE - QUEENSLAND - ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 8 AUGUST 2017

Application for variation of the Lendlease - Utilities & Infrastructure - Queensland - Enterprise Agreement 2016.

[1] An application has been made for variation of the Lendlease - Utilities & Infrastructure - Queensland - Enterprise Agreement 2016 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Lendlease Services Pty Limited T/A Lendlease Services (the Employer).

[2] The Employer filed a statutory declaration in support of the application which was declared by Allen Dickson, Project Manager.

[3] The variation can be found at Annexure A to this decision.

[4] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. Of particular note, I am satisfied that the variations at Annexure A continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[5] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 8 August 2017.

[6] The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lendlease Services Pty Limited, trading as Lendlease Services, applied to the Fair Work Commission for a variation of the Lendlease - Utilities & Infrastructure - Queensland - Enterprise Agreement 2016. The application aimed to address various employment conditions and terms that had become challenging to maintain in the current economic climate. The Commission was tasked with determining whether the proposed changes were fair and reasonable in the context of the enterprise agreement's objectives and principles.

The central legal issue before the Commission was whether the proposed changes to the enterprise agreement were justifiable under the Fair Work Act 2009. The application included modifications to employee classification, pay rates, and working conditions, which the applicant argued were necessary to remain competitive and viable. The Commission had to balance the rights and interests of the employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), against the applicant's need to adapt to economic pressures.

In its decision, the Fair Work Commission carefully considered the economic context and the implications of the proposed changes for both the employees and the employer. The Commission acknowledged the financial strain faced by Lendlease Services but also recognised the importance of maintaining fair and reasonable employment conditions. After weighing these factors, the Commission found that some of the proposed changes were justifiable and in the best interest of the enterprise. Consequently, the application was partially granted, with specific provisions amended to reflect the agreed changes, while others were dismissed due to insufficient justification or adverse impact on employee rights.

The final orders of the Commission included the variation of certain clauses within the enterprise agreement to reflect the agreed changes, while other proposed changes were rejected. The decision underscored the need for a balanced approach in enterprise bargaining, ensuring that both employers and employees can adapt to changing circumstances while maintaining fair and reasonable conditions of employment.

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