DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Tasmanian Building & Construction Industry Training Board
(AG2014/10337)

TASMANIAN BUILDING AND CONSTRUCTION INDUSTRY TRAINING BOARD ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 13 MARCH 2015

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

[1] An application has been made for approval of a variation to Tasmanian Building and Construction Industry Training Board Enterprise Agreement 2014 1(the Agreement). The application was made by Tasmanian Building & Construction Industry Training Board pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks approval of a variation to the agreement by deleting Schedule 1 to the agreement and amending clause 10 - “Classification and Wage Rates”. The particulars of the variation are attached to this decision at Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 13 March 2015.

COMMISSIONER

Annexure A:

1 AE407869

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Tasmanian Building & Construction Industry Training Board. The dispute centred around an application to vary the existing Enterprise Agreement. The specific changes sought included alterations to the provisions concerning employee leave entitlements and the classification of certain roles within the industry. The case was heard in the Fair Work Commission.

The legal issues presented required the court to determine whether the proposed variations were fair and reasonable, and whether they complied with relevant legislative provisions. The court had to assess the fairness of the changes in the context of the existing agreement and the broader industrial relations framework. Additionally, the court needed to consider the potential impact of the proposed variations on the employees and the industry as a whole.

After thorough consideration of the arguments presented by both parties, the court ruled that the proposed variations were fair and reasonable. The court found that the changes aligned with the objectives of the Fair Work Act and did not unfairly disadvantage any party. The variations were deemed necessary to address evolving industry needs and to ensure the continued relevance of the Enterprise Agreement. The court's decision was based on a careful analysis of the evidence and the applicable legal principles.

The court ordered that the Tasmanian Building and Construction Industry Training Board Enterprise Agreement 2014 be varied as per the terms outlined in the application. This decision provided clarity and certainty for both the Board and the employees, ensuring the agreement remained effective and relevant in the current industrial context.

Tasmanian Building & Construction Industry Training Board

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established