Rivermount Education Limited Summary

[2016] FWCA 325

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rivermount Education Limited T/A Rivermount College

(AG2015/7052)

RIVERMOUNT EDUCATION LIMITED COLLECTIVE AGREEMENT

2016

Educational services

COMMISSIONER ROE

MELBOURNE, 18 JANUARY 2016

Application for approval of the Rivermount Education Limited Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Rivermount Education Limited Collective Agreement 2016 (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 was approved on 18 January 2016 and, in accordance with s.54, will

operate from 25 January 2016. The nominal expiry date of the Agreement is 31 December

2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rivermount Education Limited, trading as Rivermount College, applied to the Fair Work Commission for approval of the Rivermount Education Limited Collective Agreement 2016 (the Agreement). The application was made under section 185 of the Fair Work Act 2009. The Agreement is a single enterprise agreement that was proposed to cover the employees of Rivermount College, an educational services provider.

The Fair Work Commission was required to determine whether the Agreement met the requirements of sections 186, 187, and 188 of the Fair Work Act. These sections outline the necessary conditions for an enterprise agreement to be approved, including the processes for bargaining, the content of the agreement, and the manner of its approval. The Commission also needed to consider whether the Agreement was made in good faith and whether it was appropriate to approve the Agreement.

The Fair Work Commissioner found that the Agreement satisfied all the relevant requirements for approval. The Independent Education Union of Australia, a bargaining representative, had given notice under section 183 of the Act that it wanted the Agreement to cover its members. The Commissioner noted that the Agreement did indeed cover the organisation as required by section 201(2) of the Act. The Agreement was approved on 18 January 2016, and it will operate from 25 January 2016, with a nominal expiry date of 31 December 2018.

The Fair Work Commission approved the Rivermount Education Limited Collective Agreement 2016, and it will come into effect from 25 January 2016. The Agreement will remain in force until 31 December 2018, subject to any early termination provisions contained within it.

Rivermount Education Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established