Lendlease Services Pty Limited T/A Lendlease Services

[2019] FWCA 3905

[2019] FWCA 3905

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lendlease Services Pty Limited T/A Lendlease Services
(AG2019/1436)

LENDLEASE - SERVICES - SOUTH AUSTRALIA - POWER - MAINTENANCE - ENTERPRISE AGREEMENT 2018

Electrical contracting industry
COMMISSIONER PLATT	ADELAIDE, 6 JUNE 2019

Application for approval of the Lendlease - Services - South Australia - Power - Maintenance - Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lendlease - Services - South Australia - Power - Maintenance - Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Lendlease Services Pty Limited T/A Lendlease Services. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 22 May 2019.

[3] On 31 May 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 4 June 2019. The undertaking deals with the following topics:

•  Clause 9.2.18 shall no longer apply.

•  For the purposes of clause 35.3.2 of the Agreement, where an employee’s employment ends for reason of summary dismissal, and the employee has an outstanding annual leave entitlement, the Applicant undertakes to pay the employee the amount that would have been payable to the employee had the employee taken that period of leave. This includes payment of annual leave loading pursuant to clause 35.3 of the Agreement.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)”, 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2021.

COMMISSIONER

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