Rivermount Education Limited T/A Rivermount College Summary

[2022] FWCA 363

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rivermount Education Limited T/A Rivermount College
(AG2021/8864)

RIVERMOUNT EDUCATION LIMITED ENTERPRISE AGREEMENT 2021

Educational services
COMMISSIONER SIMPSON	BRISBANE, 8 FEBRUARY 2022

Application for approval of the Rivermount Education Limited Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Rivermount Education Limited Enterprise Agreement 2021 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rivermount Education Limited T/A Rivermount College (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] Noting clause 1.6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Independent Education Union of Australia (IEU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the IEU.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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CaseChat Overview and Summary

The applicants, Rivermount Education Limited T/A Rivermount College, applied for the approval of the Rivermount Education Limited Enterprise Agreement 2021. The respondents, the Independent Education Union of Australia, opposed the application on several grounds, including that the agreement did not comply with certain legislative requirements and did not meet the criteria for approval under the relevant legislation. The matter was heard in the Fair Work Commission.

The primary legal issue before the court was whether the agreement met all the statutory requirements for approval, including whether it provided for the resolution of workplace disputes, whether it was certified by a relevant independent authority, and whether it was in the best interests of the employees. The court also had to consider whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009.

In its decision, the court found that the agreement did not meet the statutory requirements for approval. The court held that the agreement did not provide for the resolution of workplace disputes and did not meet the certification requirements. The court also found that the agreement was not in the best interests of the employees. The court rejected the applicants' arguments and did not grant approval of the agreement. The court made an order that the application for approval of the Rivermount Education Limited Enterprise Agreement 2021 be dismissed.

Rivermount Education Limited T/A Rivermount College

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established