DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lendlease Services Pty Limited T/A Lendlease Services
(AG2019/27)

LENDLEASE - SERVICES - SOUTH EAST WATER - CIVIL MAINTENANCE - ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 JUNE 2019

Application for approval of the Lendlease - Services - South East Water - Civil Maintenance - Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lendlease - Services - South East Water - Civil 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 Workers’ 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 27 June 2019 and, in accordance with s.54, will operate from 4 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

Lendlease Services Pty Limited, trading as Lendlease Services, applied to the Fair Work Commission for approval of an enterprise agreement with South East Water. The agreement, titled the Lendlease Services South East Water Civil Maintenance Enterprise Agreement 2018, was intended to govern the employment terms and conditions of approximately 130 employees within the civil maintenance division of Lendlease Services. The application for approval was necessary as the Fair Work Act requires certain enterprise agreements to be approved by the Commission before they can be registered and enforced.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement contained the necessary minimum terms as prescribed by the Act, and if it was made in good faith and without coercion. The Commission also needed to consider whether the agreement provided for a proper process for resolving disputes and whether it was made with proper consultation between the parties.

In reaching its decision, the Commission examined the provisions of the agreement and the process by which it was made. The Commission found that the agreement contained all the necessary minimum terms and was made in good faith. It was also satisfied that the agreement provided for an effective process for resolving disputes and that there was proper consultation between the parties. The Commission was further satisfied that the agreement did not contain any terms that would be contrary to the public interest. As a result, the Commission approved the Lendlease Services South East Water Civil Maintenance Enterprise Agreement 2018.

The Fair Work Commission approved the Lendlease Services South East Water Civil Maintenance Enterprise Agreement 2018, finding that it complied with the requirements of the Fair Work Act. The agreement was registered and became legally binding on the parties from the date of approval. The employees covered by the agreement were now entitled to the terms and conditions set out in the approved agreement.

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