Lendlease Services Pty Limited T/A Lendlease Services Summary

[2019] FWC 4516

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Lendlease Services Pty Limited T/A Lendlease Services

(AG2018/6753)

Lendlease – Services – Coliban Water – Maintenance – Enterprise Agreement 2018

Building, metal and civil construction industries
Deputy President Gostencnik	MELBOURNE, 28 JUNE 2019

Application for approval of the Lendlease – Services – Coliban Water – Maintenance – Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Lendlease – Services – Coliban Water – Maintenance – Enterprise Agreement 2018. (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 agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

The Australian Municipal, Administrative, Clerical and Services Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 28 June 2019 and, in accordance with s.54, will operate from 5 July 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Lendlease Services Pty Limited trading as Lendlease Services, the Fair Work Commission was tasked with considering an application for approval of the Lendlease – Services – Coliban Water – Maintenance – Enterprise Agreement 2018. The applicant, Lendlease Services, sought approval of the agreement, which sought to establish the terms and conditions of employment for certain employees engaged in maintenance services for Coliban Water. The dispute centred on the fairness and compliance of the proposed agreement with the relevant statutory requirements.

The primary legal issues before the Commission involved the compliance of the agreement with the provisions of the Fair Work Act 2009, particularly sections concerning the process of enterprise bargaining and the fairness of the agreement’s terms. Key aspects included whether the agreement was made in good faith, whether it was free from coercion and undue influence, and if it contained the minimum terms prescribed by the Act. The Commission also had to determine whether the agreement was appropriately certified and whether it adhered to the procedural fairness requirements set out in the Act.

In reaching its decision, the Commission examined the evidence and submissions provided by both parties. The Commission found that the agreement was made in good faith, free from coercion and undue influence, and that it contained the minimum terms required by the Fair Work Act. Additionally, the Commission was satisfied that the agreement was appropriately certified and that the necessary procedural fairness was observed throughout the bargaining process. Consequently, the Commission approved the Lendlease – Services – Coliban Water – Maintenance – Enterprise Agreement 2018, recognising it as a valid and legally binding instrument.

The Fair Work Commission approved the Lendlease – Services – Coliban Water – Maintenance – Enterprise Agreement 2018, thereby confirming its validity and enforceability. The Commission's decision was grounded in the evidence presented and the statutory requirements outlined in the Fair Work Act 2009, ensuring that the agreement met all necessary standards for approval.

Lendlease Services Pty Limited T/A Lendlease Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established