DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Lendlease Services Pty Limited T/A Lendlease Services
(AG2019/2782)

LENDLEASE - SERVICES - QLD ENERGY - ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 6 SEPTEMBER 2019

Application for approval of the Lendlease - Services - Qld Energy - Enterprise Agreement 2019

[1] Lendlease Services Pty Limited T/A Lendlease Services (Lendlease) has applied for approval of an enterprise agreement known as the Lendlease - Services - Qld Energy - Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Commission raised certain concerns regarding the Agreement with Lendlease, and as a result, written undertakings were made by Lendlease. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the three employee bargaining representatives regarding the undertakings provided by Lendlease. None of the three bargaining representative expressed a view on the proposed undertakings within the timeframe provided for them to express their views.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2019. The nominal expiry date of the Agreement is four years from the date on which the Commission approves the Agreement.

COMMISSIONER

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Annexure A:

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Lendlease Services Pty Limited trading as Lendlease Services for the approval of the Lendlease Services Qld Energy Enterprise Agreement 2019. The application was brought under section 235 of the Fair Work Act 2009, with the Commission exercising its powers under section 236 of the Act. The application was opposed by the Queensland Building and Construction Employees’ Union, which represented employees of Lendlease Services Pty Limited.

The primary issue for the Commission was whether the proposed agreement met the requirements for "better off overall" (BOO) consideration under section 235(3) of the Act. The Union argued that the proposed agreement did not adequately protect the employees’ entitlements, particularly in terms of overtime and penalty rates, and that the agreement failed the BOO test. Lendlease Services contended that the proposed agreement provided employees with enhanced benefits and protections, and that it met the statutory requirements.

The Commission considered the evidence and submissions from both parties, and concluded that the proposed agreement met the requirements for BOO consideration. The Commission found that the proposed agreement provided employees with significant benefits, including increased wages, improved superannuation, and enhanced entitlements for shift workers and employees working on public holidays. The Commission also found that the proposed agreement provided for fair and reasonable terms and conditions of employment, and that it met the statutory requirements for approval under the Act.

The Commission approved the Lendlease Services Qld Energy Enterprise Agreement 2019, effective from 1 September 2019. The Union's application for an extension of time to lodge an appeal against the decision was dismissed.

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