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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Lendlease Services Pty Ltd, trading as Lendlease, for the approval of the Lendlease - Services - Western Australia - Enterprise Agreement 2018. This application was brought before the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the proposed enterprise agreement met the necessary criteria for approval, including the requirement that it provided for fair and reasonable terms and conditions for the employees covered by the agreement.

The legal issues before the Commission included whether the agreement appropriately balanced the interests of the employer and the employees, and whether it provided for fair and reasonable terms. The Commission also needed to consider whether the agreement had been negotiated in good faith and whether it complied with the procedural requirements set out in the Fair Work Act. Additionally, the Commission examined whether the agreement was in the best interests of the employees and if it met the "better off overall test," which requires that employees be no worse off and preferably better off under the new agreement than they would be under the applicable award or existing enterprise agreement.

The Commission, after reviewing the evidence and submissions, concluded that the agreement met the necessary criteria for approval. It found that the agreement provided for fair and reasonable terms and conditions, and that it had been negotiated in good faith. The Commission also determined that the agreement complied with all procedural requirements and met the "better off overall test." Consequently, the application for approval of the Lendlease - Services - Western Australia - Enterprise Agreement 2018 was successful.

The Fair Work Commission approved the Lendlease - Services - Western Australia - Enterprise Agreement 2018. The approval was effective from the date of the decision, and the agreement was to apply to the employees covered by it. This outcome ensures that the terms and conditions of employment for these employees are governed by the new agreement, providing them with the protections and benefits outlined in the approved document.

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