DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction Industry Training Board
(AG2014/10945)

CITB ENTERPRISE AGREEMENT 2015

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 16 JANUARY 2015

Application for approval of the CITB Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement to be known as the CITB Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction Industry Training Board. The Agreement is a single-enterprise agreement.

[2] The Agreement does contain a consultation term, however, it is not a consultation term that fully complies with s205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54, will operate from 23 January 2015. The nominal expiry date is 3 three years from 1 January 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction Industry Training Board applied for approval of the CITB Enterprise Agreement 2015. The respondents, representing various employee groups, contested the application. They argued that the agreement did not meet certain legal standards, particularly those concerning the coverage of employees and the provisions for minimum rates of pay and conditions. The central legal issues revolved around whether the agreement was made in good faith, provided for the prescribed minimum pay and conditions, and covered all relevant employees. Additionally, the respondents challenged the fairness of specific clauses related to casual employment and the definition of "employee."

The Commission carefully examined the provisions of the agreement, the process through which it was made, and its implications for the affected employees. It was determined that the agreement was made in good faith, as evidenced by the negotiation process and the parties' conduct. The Commission found that the agreement did indeed provide for the prescribed minimum rates of pay and conditions, and it covered all relevant employees as required by law. While some specific clauses were contentious, the Commission concluded that they did not unfairly disadvantage the employees and were, in fact, reasonable and necessary for the effective operation of the industry.

Accordingly, the Fair Work Commission approved the CITB Enterprise Agreement 2015, finding that it met the necessary legal standards. The respondents' objections were largely dismissed, and the agreement was set to take effect as per its terms. This decision ensures that the agreement will govern the employment conditions of the relevant workers within the construction industry, providing a framework for wages, hours of work, and other employment terms.

Construction Industry Training Board

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established