Lendlease Services Pty Limited T/A Lendlease Services

[2019] FWCA 1548

[2019] FWCA 1548

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lendlease Services Pty Limited T/A Lendlease Services
(AG2018/5299)

AMWU AND LENDLEASE SERVICES PTY LIMITED (PORT MELBOURNE) ENTERPRISE AGREEMENT 2018-2020

Manufacturing and associated industries
COMMISSIONER BISSETT	MELBOURNE, 14 MARCH 2019

Application for approval of the AMWU and Lendlease Services Pty Limited (Port Melbourne) Enterprise Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and Lendlease Services Pty Limited (Port Melbourne) Enterprise Agreement 2018-2020 (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 Applicant). 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] 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.

[5] 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.

[6] The Agreement lodged contained an error at clauses A3.23.7 and A3.23.8. On 6 March 2019 the Applicant filed an amended page 73 to the Agreement pursuant to s.586 of the Act. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 March 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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Annexure A