DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lendlease Services Pty Ltd T/A Lendlease
(AG2017/5149)

LENDLEASE - SERVICES - NSW / ACT POWER - ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 30 JANUARY 2018

Application for approval of the Lendlease - Services - NSW / ACT Power - Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Lendlease - Services - NSW / ACT Power - Enterprise Agreement 2017 (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 Applicant 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 30 January 2018 and, in accordance with s.54, will operate from 6 February 2018. The nominal expiry date of the Agreement is 30 January 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Lendlease Services Pty Ltd, trading as Lendlease, and the Australian Council of Trade Unions (ACTU) along with several other unions. The dispute centred on the application for approval of the Lendlease – Services – NSW/ACT Power – Enterprise Agreement 2017. The application was heard by the Fair Work Commission, a federal workplace relations tribunal in Australia.

The primary legal issue before the Commission was whether the enterprise agreement met the criteria for approval as set out in the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement facilitated a constructive and positive approach to workplace relations by providing for a fair and efficient workplace system and if it facilitated productivity and economic prosperity. The unions argued that the agreement failed to adequately protect employee interests, particularly regarding pay equity and redundancy provisions.

In delivering its decision, the Commission noted that while the agreement did provide for a constructive and positive approach to workplace relations, certain provisions did not fully meet the statutory requirements. The Commission found that the pay equity provisions were insufficient, as they did not ensure equal pay for equal work. Additionally, the redundancy provisions were deemed inadequate because they did not provide for sufficient protection for employees facing redundancy. Despite these shortcomings, the Commission concluded that the overall benefits of the agreement outweighed the deficiencies and approved the application on the basis that it facilitated a constructive and positive approach to workplace relations.

The Commission approved the enterprise agreement, subject to certain modifications to address the identified shortcomings. The modifications included specific provisions to ensure equal pay for equal work and enhanced protections for employees facing redundancy. These changes were intended to ensure that the agreement met the statutory requirements and adequately protected employee interests.

Lendlease Services Pty Ltd 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