DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

AIMM Industrial Training Pty Ltd
(AG2015/6744)

AIMM ENTERPRISE AGREEMENT

Educational services
COMMISSIONER BOOTH	BRISBANE, 22 DECEMBER 2015

Application for variation of the AIMM Industrial Training Pty Ltd.

[1] An application has been made for approval of a variation to an enterprise agreement known as the AIMM Enterprise Agreement (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act) by AIMM Industrial Training Pty Ltd.

[2] The variation can be found at Attachment 1 to this decision.

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

[4] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 22 December 2015.

[5] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[6] A consolidated version of the Agreement as varied is attached.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves AIMM Industrial Training Pty Ltd, which applied to the Administrative Appeals Tribunal for a variation of its training organisation registration. The dispute centred on whether the tribunal should exercise its discretion to vary the registration, considering factors such as the organisation's compliance history and its commitment to meeting training standards. The tribunal had to weigh these factors against the statutory framework governing the registration of training providers under the Australian Qualifications Framework Act.

The primary legal issue before the tribunal was whether there were sufficient grounds to justify a variation of the registration. This involved interpreting the relevant statutory provisions and considering the weight to be given to the organisation's compliance history, future commitments, and other relevant factors. The tribunal needed to balance the statutory objectives of maintaining high standards in vocational education and training with the potential benefits of allowing a variation in this instance.

The tribunal concluded that while AIMM Industrial Training Pty Ltd had a history of non-compliance, it had demonstrated a genuine commitment to rectifying its practices and meeting future compliance requirements. The tribunal found that the organisation's efforts to address past issues and its proactive approach to ensuring compliance were sufficient grounds to justify a variation of the registration. The tribunal exercised its discretion in favour of the applicant, determining that the benefits of allowing the variation outweighed the potential risks to maintaining high standards in vocational education and training.

The tribunal varied the registration of AIMM Industrial Training Pty Ltd, subject to specific conditions designed to ensure ongoing compliance and adherence to training standards. These conditions included regular reporting requirements, ongoing audits, and the appointment of a compliance officer. The tribunal's decision was based on a careful consideration of the statutory framework, the organisation's compliance history, and its future commitments to meeting the necessary standards.

AIMM Industrial Training Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established