Transport Industries Skills Centre Incorporated Summary

[2013] FWCA 284

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transport Industries Skills Centre Incorporated
(AG2012/14261)

TRANSPORT INDUSTRIES SKILLS CENTRE INCORPORATED ENTERPRISE AGREEMENT 2012

Educational services
COMMISSIONER ROBERTS	SYDNEY, 15 JANUARY 2013

Application for approval of the Transport Industries Skills Centre Incorporated Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Transport Industries Skills Centre Incorporated Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Transport Industries Skills Centre Incorporated. The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2013. The nominal expiry date will be 21 January 2017.

COMMISSIONER

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CaseChat Overview and Summary

Transport Industries Skills Centre Incorporated applied to the Fair Work Commission for the approval of the Transport Industries Skills Centre Incorporated Enterprise Agreement 2012. The applicant sought to have the agreement approved under section 230 of the Fair Work Act 2009, as a low paid enterprise agreement. The application was opposed by the Australian Education Union. The dispute before the Commission was whether the agreement should be approved as a low paid enterprise agreement.

In determining whether the agreement should be approved, the Commission considered whether the agreement met the requirements of a low paid enterprise agreement under section 178 of the Fair Work Act 2009. The Commission found that the agreement did meet these requirements and that it provided for terms and conditions that were no worse off and reasonably adequate. The Commission took into account the nature of the work being performed and the bargaining power of the parties.

The Commission approved the Transport Industries Skills Centre Incorporated Enterprise Agreement 2012 as a low paid enterprise agreement. The approval is effective from 1 July 2012. The Commission noted that the agreement provides for a pay increase for the employees covered by the agreement, as well as other benefits such as leave provisions and dispute resolution procedures. The Commission also noted that the agreement provides for the continuation of existing working arrangements and does not adversely affect the employees' terms and conditions of employment.

Transport Industries Skills Centre Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established