DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lendlease Services Pty Limited T/A Lendlease Services
(AG2019/26)

LENDLEASE – SERVICES – POWER – TASMANIAN CONTRACTING – ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 7 MAY 2019

Application for approval of the Lendlease - Services - Power - Tasmanian Contracting - Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lendlease - Services - Power - Tasmanian Contracting - Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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 (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical, Energy and Services Division - Tasmanian Divisional Branch 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 the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2019. The nominal expiry date of the Agreement is 6 May 2023.

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 the Lendlease Services Power Tasmanian Contracting Enterprise Agreement 2018. The application was contested by the Australian Manufacturing Workers' Union. The dispute centred on whether the agreement was in the best interests of the employees covered by it, with a particular focus on the agreement's provisions concerning shift patterns and employee entitlements. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant statutory provisions and if it was fair and reasonable for the employees.

The legal issues before the Commission included whether the agreement appropriately balanced the interests of the employer and employees, particularly in relation to shift patterns and employee entitlements. It also needed to be established whether the agreement provided for appropriate mechanisms for resolving disputes and whether it met the requirements of the Fair Work Act 2009. The Commission had to consider if the agreement was likely to have a positive effect on the productivity of the enterprise and the enterprise's ability to remain competitive and sustainable.

In delivering its decision, the Fair Work Commission found that the agreement was generally fair and reasonable, taking into account the specific circumstances of the employees and the enterprise. The Commission considered the shift patterns and employee entitlements provisions to be appropriate, given the nature of the work and the bargaining positions of the parties. It was concluded that the agreement provided for effective dispute resolution mechanisms and met the statutory requirements. Furthermore, the Commission determined that the agreement was likely to have a positive effect on the enterprise's productivity and competitiveness. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the Lendlease Services Power Tasmanian Contracting Enterprise Agreement 2018, subject to certain modifications to improve clarity and protect employee rights. These modifications included clarifying the procedures for handling shift changes and ensuring that employees received appropriate notice and consultation regarding changes to their shift patterns. The Commission also mandated the inclusion of a provision for regular review of the agreement to ensure its ongoing fairness and effectiveness. The modifications were intended to address the concerns raised by the union while maintaining the overall balance of the 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