Construction Industry Training Centre Incorporated

[2021] FWCA 100

[2021] FWCA 100

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction Industry Training Centre Incorporated
(AG2020/3865)

CONSTRUCTION INDUSTRY TRAINING CENTRE INCORPORATED COLLECTIVE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 JANUARY 2021

Application for approval of the Construction Industry Training Centre Incorporated Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Construction Industry Training Centre Incorporated Collective Agreement 2020 (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 Centre Incorporated. The Agreement is a single enterprise agreement.

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

[3] I note that Clause 12 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Independent Education Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2021. The nominal expiry date of the Agreement is 10 January 2024.

DEPUTY PRESIDENT

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