DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Lendlease Services Pty Ltd T/A Lendlease
(AG2017/2759)

LENDLEASE - SERVICES - CWA ROAD MAINTENANCE - ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 27 JULY 2017

Application for variation of the Lendlease - Services - CWA Road Maintenance - Enterprise Agreement 2016.

[1] An application has been made for approval of a variation of the Lendlease - Services - CWA Road Maintenance - Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Lendlease Services Pty Ltd T/A Lendlease. A list of proposed changes is attached to this decision as Attachment A.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

In the Fair Work Commission, Lendlease Services Pty Ltd, trading as Lendlease, applied for a variation of the Lendlease Services - CWA Road Maintenance Enterprise Agreement 2016. The application centred on several proposed changes to the agreement, including adjustments to shift patterns, pay rates, and other employment conditions for the employees covered by the agreement. The Commission was required to assess whether the proposed changes met the requirements for a variation under the Fair Work Act 2009.

The central legal issue was whether the proposed changes to the agreement were procedurally and substantively valid. The applicant argued that the changes were necessary to address operational challenges and to remain competitive in the market. The respondent, however, contended that the changes were not adequately justified and would adversely affect the employees' conditions. The Commission needed to determine if the applicant had demonstrated that the changes were necessary for a significant economic purpose and if they were fair and reasonable in the circumstances.

After considering the evidence and submissions from both parties, the Commission found that the proposed changes were necessary for a significant economic purpose. The applicant had provided detailed evidence about the operational challenges and market pressures that necessitated the changes. The Commission also concluded that the changes were fair and reasonable, taking into account the interests of both the employer and the employees. Accordingly, the application was approved, and the Enterprise Agreement was varied as sought by the applicant. The new provisions came into effect on the date specified in the application.

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