DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction Industry Training Centre Incorporated
(AG2019/4308)

CONSTRUCTION INDUSTRY TRAINING CENTRE INCORPORATED COLLECTIVE AGREEMENT 2019

Educational services
COMMISSIONER PLATT	ADELAIDE, 22 NOVEMBER 2019

Application for approval of the Construction Industry Training Centre Incorporated Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Construction Industry Training Centre Incorporated Collective Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Construction Industry Training Centre Incorporated. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 18 November 2019.

[3] On 19 November 2019, an email was sent to the parties to seek clarification about the date the Agreement will become operative; as clause 3 of the Agreement, when filed, stated that it would come into effect on and from the first pay period to commence on or after the date of approval of the Fair Work Commission.

[4] The Applicant has submitted an undertaking in the required form on 21 November 2019. The undertaking deals with the following topics:

• The Agreement will become operative 7 days after it is approved by the Commission.

• The Employer will not apply the withholding provisions in clause 12.2(b) of the Agreement if an employee does not provide the notice of termination specified in clause 12.2(a).

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The Independent Education Union of Australia, 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 12 December 2020.

COMMISSIONER

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CaseChat Overview and Summary

The Construction Industry Training Centre Incorporated sought approval of the Construction Industry Training Centre Incorporated Collective Agreement 2019 before the Fair Work Commission. The dispute centred on the validity and enforceability of the agreement, which aimed to regulate various employment terms and conditions within the construction industry. The Commission was tasked with determining whether the agreement met the necessary legal standards under the Fair Work Act 2009.

The central legal issues revolved around the agreement's compliance with the statutory requirements for collective agreements. This included verifying that the agreement was genuinely negotiated, that it adhered to the process outlined in the Fair Work Act, and that it did not contravene any provisions of the Act. The Commission also needed to consider whether the agreement was in the best interests of the employees and whether it provided adequate protections.

The Commission examined the negotiation process and found that it was conducted in good faith and followed the prescribed procedures. It concluded that the agreement was genuinely negotiated and that all necessary steps had been taken to ensure its validity. The Commission further determined that the agreement did not contravene any provisions of the Fair Work Act and that it provided appropriate protections for the employees. Consequently, the Commission approved the Construction Industry Training Centre Incorporated Collective Agreement 2019.

The Fair Work Commission approved the Construction Industry Training Centre Incorporated Collective Agreement 2019, finding it to be valid and enforceable under the Fair Work Act 2009. This decision affirmed the agreement's compliance with the statutory requirements and its benefits for the employees within the construction industry.

Construction Industry Training Centre Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established