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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lendlease Services Pty Limited, trading as Lendlease Services, applied for approval of an enterprise agreement with the Australian Manufacturing Workers' Union (AMWU) for the Port Melbourne site. The agreement was for the period from 2018 to 2020 and was being contested on the basis of its compliance with relevant industrial laws and fair terms and conditions. The case was heard in the Fair Work Commission, which has jurisdiction over such matters.

The court was tasked with determining whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, including whether it was a genuine agreement reached through a proper process and whether it provided for the fair and reasonable terms and conditions of employment. A key issue was whether the agreement adequately represented the interests of the employees, particularly in relation to the terms governing pay and conditions. Additionally, the court had to assess whether the agreement contained any unlawful provisions that would render it invalid.

The Commission found that the agreement was genuine and had been made through a proper process, as it was supported by a majority of the employees. The terms and conditions outlined in the agreement were considered fair and reasonable, taking into account the nature of the work and the bargaining power of the parties. The Commission noted that the agreement provided for adequate pay and conditions, and did not contain any provisions that were contrary to public policy or unfair to either party. Consequently, the application for approval was successful, and the enterprise agreement was approved.

The Fair Work Commission approved the Lendlease Services Pty Limited (Port Melbourne) Enterprise Agreement 2018-2020, finding it to be a genuine agreement that provided for fair and reasonable terms and conditions. The agreement was to be registered and would apply to the employees of Lendlease Services at the Port Melbourne site for 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