Construction Industry Training Centre Inc T/A Construction Industry Training Centre Incorporated

[2024] FWCA 646

[2024] FWCA 646

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction Industry Training Centre Inc T/A Construction Industry Training Centre Incorporated

(AG2024/201)

CONSTRUCTION INDUSTRY TRAINING CENTRE INCORPORATED COLLECTIVE AGREEMENT 2023

Educational services
COMMISSIONER MIRABELLA	MELBOURNE, 23 FEBRUARY 2024

Application for approval of the Construction Industry Training Centre Incorporated Collective Agreement 2023.

1. Construction Industry Training Centre Inc T/A Construction Industry Training Centre Incorporated (the Employer) has made an application for approval of an enterprise agreement known as the Construction Industry Training Centre Incorporated Collective Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 20 June 2023 and the Agreement was made on 31 January 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, has been met.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (the NES):

·   Clause 11.6: Casual conversion

·   Clause 28: Compassionate leave

1. However, noting clause 6.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. Employees were given a notice of employee representational rights which was not in its prescribed form. Pursuant to s.188(5), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.174(1A). I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed to within the meaning of s.188(5) of the FW Act.

1. The Agreement was approved on 23 February 2024 and, in accordance with s.54, will operate from 1 March 2024. The nominal expiry date of the Agreement is 1 March 2027.

COMMISSIONER

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