Lendlease Services Pty Ltd T/A Lendlease

[2019] FWCA 2780

[2019] FWCA 2780

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lendlease Services Pty Ltd T/A Lendlease
(AG2018/4975)

LENDLEASE – SERVICES – WESTERN AUSTRALIA – ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 APRIL 2019

Application for approval of the Lendlease - Services - Western Australia - Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lendlease - Services - Western Australia - 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 Ltd T/A Lendlease. The agreement is a single enterprise agreement.

[2] The matter was originally listed for Hearing on 7 May 2019 by reason of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) objecting to the approval of the proposed Agreement.

[3] The CEPU objected to the proposed Agreement on the basis that the Applicant failed to bargain in good faith, failed to demonstrate that employees to be covered genuinely agreed and understood the effects of the proposed Agreement, and that employees would not be better off overall as prescribed by the Act.

[4] On 23 April 2019 the Applicant provided undertakings it made in relation to concerns as to some of the matter in s.186 and s.187 of the Act. Following receipt of the undertakings, the CEPU withdrew its objections.

[5] I have now decided to determine the matter on the papers.

[6] A copy of the aforementioned undertakings is attached in Annexure A. I am satisfied that the undertakings address my concerns, they will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement.

[7] 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.

[8] The CEPU was a bargaining representative for the Agreement, however it has advised that it does not wish to be covered by the Agreement.

[9] The Agreement was approved on 29 April 2019 and, in accordance with s.54, will operate from 6 May 2019. The nominal expiry date of the Agreement is 28 April 2023.

DEPUTY PRESIDENT

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Annexure A