DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lendlease Services Pty Limited T/A Lendlease
(AG2020/4189)

LENDLEASE – SERVICES – CWA ROAD MAINTENANCE – ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 1 MARCH 2021

Application for approval of the Lendlease - Services - CWA Road Maintenance - Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Lendlease - Services - CWA Road Maintenance - Enterprise Agreement 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. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to 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. In forming this view, I have had regard both to the material filed by the Applicant in support of its application and some very general objections raised by the Construction, Forestry, Maritime, Mining and Energy Union. The CFMMEU was given an opportunity to be heard in detail in relation to its objections but declined the opportunity. The Commission has reviewed each of the general points raised by the CFMMEU and is not persuaded that any of them displace the Commission’s view that the Agreement may be approved.

[4] The Australian Workers' 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 March 2021. The nominal expiry date of the Agreement is 1 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Lendlease Services Pty Limited trading as Lendlease, sought approval of the Lendlease – Services – CWA Road Maintenance Enterprise Agreement 2020 from the Fair Work Commission. The dispute arose from the negotiation process and the terms of the proposed agreement, which was intended to govern the employment conditions of workers engaged in road maintenance services. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it was made in good faith.

The central legal issues before the Commission involved the procedural fairness of the agreement's negotiation and whether the agreement itself was made in good faith and contained the necessary minimum terms and conditions. Specifically, the Commission needed to assess if there was adequate consultation and if the terms of the agreement were fair and reasonable. Additionally, the Commission had to consider whether the agreement included all the mandatory minimum terms prescribed by the Fair Work Act.

In rendering its decision, the Fair Work Commission thoroughly examined the negotiation process and the terms of the agreement. It found that the negotiation process was conducted in good faith and that the agreement contained all the mandatory minimum terms as required by the Fair Work Act. The Commission was satisfied that there was adequate consultation and that the terms of the agreement were fair and reasonable. Consequently, the Commission approved the Lendlease – Services – CWA Road Maintenance Enterprise Agreement 2020, deeming it to meet all statutory requirements and having been made in good faith.

Lendlease Services Pty Limited T/A Lendlease

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established