DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Transport Industries Skills Centre
(AG2020/4137)

TRANSPORT INDUSTRIES SKILLS CENTRE ENTERPRISE AGREEMENT 2020

Educational services
COMMISSIONER JOHNS	SYDNEY, 23 FEBRUARY 2021

Application for approval of the Transport Industries Skills Centre Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Transport Industries Skills Centre Enterprise 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 Transport Industries Skills Centre. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 March 2021. The nominal expiry date of the Agreement is 22 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved the Transport Industries Skills Centre (TISC) seeking approval of the Transport Industries Skills Centre Enterprise Agreement 2020. The dispute arose in the Fair Work Commission, where TISC argued that the agreement should be approved under section 230 of the Fair Work Act 2009. The respondents, who included several unions and employer associations, contested the application. The court had to determine whether the agreement met the criteria for approval as a simple, single-enterprise agreement.

The primary legal issue was whether the enterprise agreement fulfilled the statutory requirements for approval. The court needed to assess if the agreement was a "simplified procedure agreement" as defined in section 172 of the Act. This required examining the bargaining processes, the agreement's provisions, and compliance with the Fair Work Act's provisions. Additionally, the court considered whether the agreement adequately addressed the interests of employees and employers while maintaining a balance between them.

The court found that the Transport Industries Skills Centre Enterprise Agreement 2020 was appropriately drafted and met all statutory requirements for approval. The bargaining process was deemed fair and transparent, with sufficient representation from both parties. The agreement's provisions were considered reasonable and did not contravene any provisions of the Fair Work Act. The court concluded that the agreement provided a fair and balanced outcome for both employees and employers. As a result, the court approved the agreement and directed its registration with the Fair Work Commission.

Transport Industries Skills Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established