[2019] FWCA 4550

The attached document wholly replaces the document previously issued with the code [2019] FWC 4516 on 28 June 2019 to correct document referencing.

Associate to Deputy President Gostencnik

Dated 2 July 2019

[2019] FWCA 4550

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lendlease Services Pty Limited T/A Lendlease Services
(AG2018/6753)

LENDLEASE – SERVICES – COLIBAN WATER – MAINTENANCE – ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 JUNE 2019

Application for approval of the Lendlease – Services – Coliban Water – Maintenance – Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lendlease – Services – Coliban Water – Maintenance – 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.

[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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Australian Municipal, Administrative, Clerical and Services Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 28 June 2019 and, in accordance with s.54, will operate from 5 July 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Lendlease Services Pty Limited, trading as Lendlease Services, and its employees represented by Coliban Water. The dispute was brought before the Fair Work Commission, which was required to determine whether to approve the Lendlease – Services – Coliban Water – Maintenance – Enterprise Agreement 2018. The legal issues before the Commission included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, specifically ensuring that it did not adversely affect employees' wages, conditions, or terms of employment.

The Commission undertook a detailed analysis of the agreement, considering whether it contained the mandatory terms and provisions required by the Fair Work Act. The Commission also examined whether the agreement was made in good faith and whether it provided for the resolution of disputes. The primary focus was on whether the agreement complied with the provisions for approval of enterprise agreements under the Fair Work Act. After thorough consideration, the Commission determined that the agreement met the necessary criteria for approval.

The Fair Work Commission approved the Lendlease – Services – Coliban Water – Maintenance – Enterprise Agreement 2018, finding it to be compliant with the requirements of the Fair Work Act. The Commission's decision was based on its satisfaction that the agreement did not unfavourably impact the wages, conditions, or terms of employment of the employees, and that it included the mandatory terms and provisions as required by the Act. The approval was granted, ensuring that the agreement would regulate the employment of the relevant 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