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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction Industry Training Centre Incorporated sought approval for the Construction Industry Training Centre Incorporated Collective Agreement 2020 before the Fair Work Commission. The applicant, a registered organisation representing employers in the construction industry, aimed to have the agreement registered as a certified agreement under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the legal requirements for certification, particularly in relation to provisions governing employee entitlements and dispute resolution mechanisms.

The Commission was tasked with determining if the agreement met the criteria set out in the Act, including whether it provided for a fair and efficient means of resolving disputes and whether it adhered to the mandated content requirements. The Commission examined the provisions of the agreement, focusing on areas such as wage rates, classification of employees, working conditions, and the procedures for resolving disputes between employers and employees. The applicant argued that the agreement was fair and balanced, providing necessary protections for both employers and employees while facilitating efficient operations within the industry.

After a thorough review, the Commission found that the agreement substantially complied with the requirements of the Act. The Commission determined that the provisions governing employee entitlements were fair and reasonable, and that the dispute resolution mechanisms were efficient and accessible. The Commission noted that while there were some minor procedural issues, they did not significantly detract from the overall fairness of the agreement. Consequently, the Commission approved the Construction Industry Training Centre Incorporated Collective Agreement 2020, certifying it as a valid agreement under the Act. The decision ensures that the agreement will govern the employment terms and conditions for the parties involved, providing a framework for resolving workplace disputes.

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