DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rivermount Education Limited T/A Rivermount College
(AG2019/2038)

RIVERMOUNT EDUCATION LIMITED ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER WILLIAMS	PERTH, 15 JULY 2019

Application for approval of the Rivermount Education Limited Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Rivermount Education Limited Enterprise Agreement 2019 (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 Agreement is a single enterprise agreement.

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

[3] The Independent Education Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2019. The nominal expiry date of the Agreement is 31 December 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rivermount Education Limited, trading as Rivermount College, sought approval of its Enterprise Agreement 2019 from the Fair Work Commission. The agreement involved terms and conditions of employment for employees of Rivermount College, including wages, hours of work, leave provisions, and other employment-related matters. The primary dispute centred around whether the agreement complied with the relevant federal industrial legislation and whether it was in the best interests of the employees.

The Fair Work Commission was required to determine if the agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions of employment. The Commission also needed to consider if the agreement was consistent with the principles of the National Employment Standards and if it provided adequate protections for employees. Additionally, the Commission had to assess whether the agreement had been made in good faith and whether there was genuine consultation between the employer and the employees during the negotiation process.

In its decision, the Fair Work Commission examined the details of the Enterprise Agreement 2019 and the negotiation process. The Commission noted that the agreement contained provisions that were largely consistent with the National Employment Standards and provided for fair and reasonable terms and conditions of employment. The Commission found that there was evidence of genuine consultation between the parties, and the agreement was made in good faith. The Commission concluded that the agreement was in the best interests of the employees and approved the Enterprise Agreement 2019.

The Fair Work Commission's final order was that the Enterprise Agreement 2019 be approved as a registered agreement under the relevant federal industrial legislation. The agreement would now apply to the employees of Rivermount Education Limited, trading as Rivermount College, from the date of the Commission's decision.

Rivermount Education Limited T/A Rivermount College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established