Construction Industry Training Centre Inc.

[2014] FWCA 549

FAIR WORK COMMISSION

DECISION

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

Construction Industry Training Centre Inc.
(AG2013/12031)

CONSTRUCTION INDUSTRY TRAINING CENTRE INCORPORATED COLLECTIVE AGREEMENT 2013

Educational services
COMMISSIONER STEEL	ADELAIDE, 22 JANUARY 2014

Application for approval of the Construction Industry Training Centre Incorporated Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Construction Industry Training Centre Incorporated Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss. 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Independent Education Union of Australia (SA) and the Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. As required by s.201 (2) of the Act, I note that the Agreement covers those organisations.

[4] The Agreement is approved. In accordance with s.54 (1) of the Act it will operate from 29 January 2014. The nominal expiry date of the Agreement is 29 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction Industry Training Centre Incorporated, the Fair Work Commission was called upon to determine the approval of the Construction Industry Training Centre Incorporated Collective Agreement 2013. The applicants, representing the construction industry workers, sought to have the agreement endorsed, which would set out the terms and conditions of employment for those workers.

The central legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009, specifically whether it complied with the "better off overall test" (BOOT) and did not contravene any provisions of the Act. The Commission had to examine if the agreement provided for fair and reasonable terms and conditions of employment for the workers and if it provided for a minimum rate of pay and conditions that were not less favourable than the applicable award or registered agreement.

The Fair Work Commission found that the agreement was consistent with the requirements of the Fair Work Act and Regulations. It met the BOOT by ensuring that the workers would not be worse off overall, considering both their wages and conditions. The Commission concluded that the agreement provided for fair and reasonable terms and conditions, and it did not contravene any provisions of the Act. The Commission approved the Construction Industry Training Centre Incorporated Collective Agreement 2013, thereby endorsing the agreement for use within the industry.

The Commission issued an order approving the Construction Industry Training Centre Incorporated Collective Agreement 2013, as presented, for the purposes of section 235 of the Fair Work Act 2009. This decision allowed the agreement to be used as a basis for employment terms and conditions within the construction industry, providing a framework for fair and reasonable working arrangements for the workers involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established