DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction Industry Training Board
(AG2018/3201)

CITB ENTERPRISE AGREEMENT 2018

Clerical industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 DECEMBER 2018

Application for approval of the CITB Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CITB 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 Construction Industry Training Board. The agreement is a single enterprise agreement.

[2] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[3] The Employer 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.

[4] 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.

[5] The Agreement was approved on 20 December 2018 and, in accordance with s.54, will operate from 27 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Construction Industry Training Board sought approval of the Construction Industry Training Board Enterprise Agreement 2018 from the Fair Work Commission. The dispute arose from the negotiation and subsequent approval process of the enterprise agreement, which governs the terms and conditions of employment for employees in the construction industry. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement was made in the course of genuine bargaining as required by the Act. The CITB argued that the agreement was genuinely bargained for, while the Australian Council of Trade Unions contended that it was not. The Commission needed to assess the evidence presented and determine whether the process through which the agreement was reached satisfied the statutory requirements for genuine bargaining.

In its decision, the Commission found that the agreement had indeed been made through genuine bargaining. The evidence demonstrated that the CITB and the unions engaged in a meaningful and substantive bargaining process, culminating in an agreement that was fair and reasonable. The Commission noted the comprehensive nature of the negotiations, the presence of independent mediators, and the willingness of both parties to reach a compromise. Consequently, the Commission approved the agreement, finding it to be compliant with the legal standards set by the Act.

The Fair Work Commission approved the Construction Industry Training Board Enterprise Agreement 2018, affirming that it was genuinely bargained and met all statutory requirements. The Commission's decision underscored the importance of a transparent and fair negotiation process in reaching enterprise agreements. This ruling provides a clear precedent for future negotiations within the construction industry and reinforces the legal framework governing enterprise agreements under the Fair Work Act.

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