DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lendlease Services Pty Limited T/A Lendlease Services
(AG2018/6676)

LENDLEASE SERVICES PTY LIMITED (POWER STATIONS ENTERPRISE BARGAINING AGREEMENT 2017 - 2019)

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 30 APRIL 2019

Application for approval of the Lendlease Services Pty Limited (Power Stations Enterprise Bargaining Agreement 2017 - 2019).

[1] Application has been made for approval of a single enterprise agreement known as the Lendlease Services Pty Limited (Power Stations Enterprise Bargaining Agreement 2017 - 2019) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Lendlease Services Pty Limited T/As Lendlease Services.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2019. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Lendlease Services Pty Limited, trading as Lendlease Services, and the Australian Building and Construction Commission. The dispute was an application for approval of the Lendlease Services Pty Limited (Power Stations Enterprise Bargaining Agreement 2017 - 2019). The matter was heard in the Fair Work Commission, the primary federal workplace relations tribunal in Australia.

The central legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically if it provided for the fair and efficient determination of terms and conditions of employment, and if it complied with the 'better off overall test'. This test requires that employees under the agreement be no worse off financially than if they were covered by the relevant award or other applicable agreement.

The Commission considered the submissions and evidence from both parties, focusing on the provisions of the agreement and its impact on employees. It was determined that the agreement provided for fair and efficient determination of employment terms and that it met the 'better off overall test'. The Commission found that the agreement's provisions were reasonable and necessary for the efficient operation of the workplace and that it offered employees protections and benefits that met the requirements of the Act.

Consequently, the Fair Work Commission approved the Lendlease Services Pty Limited (Power Stations Enterprise Bargaining Agreement 2017 - 2019). The approval was based on the findings that the agreement was in the public interest and met the necessary criteria for certification under the Fair Work Act 2009. This decision affirmed the agreement's validity and enforceability within the specified period.

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