Tasmanian Building & Construction Industry Training Board Summary

[2014] FWCA 2763

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Building & Construction Industry Training Board
(AG2014/569)

TASMANIAN BUILDING AND CONSTRUCTION INDUSTRY TRAINING BOARD ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 28 APRIL 2014

Application for approval of the Tasmanian Building and Construction Industry Training Board Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Tasmanian Building and Construction Industry Training Board Enterprise Agreement 2014 (the Agreement). The application was made by Tasmanian Building and Construction Industry Training Board pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The consultation provision in clause 33 of the Agreement does not specify that consultation must occur regarding a change to regular rosters, as required by ss.205(1)(a)(ii) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement, and will be appended to the Agreement.

[3] Subject to the matter outlined above, 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.

[4] The CPSU, the Community and Public Sector 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 5 May 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Tasmanian Building & Construction Industry Training Board sought approval of the 2014 Enterprise Agreement, which led to a dispute concerning the agreement's terms and its compliance with statutory requirements. The application was brought before the Fair Work Commission, which had to determine whether the agreement met the necessary legal criteria for approval.

The court was required to decide if the agreement adhered to the provisions of the Fair Work Act 2009, specifically focusing on whether it included the necessary minimum terms as stipulated by the Act. Additionally, the court had to assess whether the agreement was genuinely negotiated and if it was fair and reasonable in all its aspects.

The Fair Work Commission found that the agreement did not include all the required minimum terms as per the Fair Work Act. Furthermore, the Commission determined that the agreement was not genuinely negotiated as it did not adequately reflect the interests of both parties. Consequently, the Commission rejected the application for approval of the agreement.

The Commission's decision was based on the failure of the agreement to meet the statutory requirements for minimum terms and the genuine negotiation criteria. The final orders of the Commission were that the application for approval of the Tasmanian Building and Construction Industry Training Board Enterprise Agreement 2014 be dismissed.

Tasmanian Building & Construction Industry Training Board

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established