DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lendlease Services Pty Limited T/A Lendlease Services
(AG2020/3791)

LENDLEASE - SERVICES – POWER STATIONS - VICTORIA - ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 12 JANUARY 2021

Application for approval of the Lendlease - Services - Power Stations - Victoria -Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Lendlease - Services - Power Stations - Victoria -Enterprise Agreement 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] The Employer 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. The undertakings are taken to be a term of 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union and the Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 January 2021. The nominal expiry date of the Agreement is 31 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Lendlease Services Pty Limited, trading as Lendlease Services, applied for approval of the Lendlease - Services - Power Stations - Victoria - Enterprise Agreement 2020. The dispute revolved around the proposed terms and conditions of employment for employees within the power stations sector in Victoria, seeking to establish a new enterprise agreement that would replace the existing one set to expire.

The primary legal issues the court had to address were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment, and if it was appropriately certified by an independent certifier as meeting the criteria for simplicity and clarity. The court also needed to determine if the agreement complied with procedural fairness, ensuring that all relevant parties had a reasonable opportunity to be heard during the certification process.

The court examined the evidence and submissions presented by both parties, focusing on the fairness and simplicity of the proposed agreement. It concluded that the agreement was appropriately certified and met the necessary statutory requirements. The court found that the agreement provided for fair and reasonable terms and conditions, and that the process by which it was certified was procedurally fair. Accordingly, the application for approval was successful.

The Fair Work Commission approved the Lendlease - Services - Power Stations - Victoria - Enterprise Agreement 2020, effective from the date of the decision. The agreement now serves as the binding framework for employment terms and conditions within the specified sector and region, ensuring that both employers and employees operate under a legally recognised and fair set of terms.

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