DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RMIT Training Pty Ltd
(AG2016/8057)

RMIT TRAINING PTY LTD AND NATIONAL TERTIARY EDUCATION UNION ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER GREGORY	MELBOURNE, 14 MARCH 2017

Application for approval of the RMIT Training Pty Ltd and National Tertiary Education Union Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the RMIT Training Pty Ltd and National Tertiary Education Union Enterprise 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 RMIT Training Pty Ltd. 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 National Tertiary Education Industry Union 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 21 March 2017. The nominal expiry date of the Agreement is 14 September 2019.

COMMISSIONER

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CaseChat Overview and Summary

RMIT Training Pty Ltd applied for the approval of the RMIT Training Pty Ltd and National Tertiary Education Union Enterprise Agreement 2016 before the Fair Work Commission. The application was brought by RMIT Training Pty Ltd, and the National Tertiary Education Union was the respondent. The dispute pertained to the terms and conditions of employment as outlined in the proposed enterprise agreement. The Fair Work Commission was tasked with reviewing the agreement to ensure it complied with the Fair Work Act 2009 and other relevant legislative instruments.

The court was required to determine whether the enterprise agreement met the criteria for approval under the Fair Work Act. Key issues included whether the agreement was in the best interests of the employees, whether it contained terms and conditions that were fair and reasonable, and whether it complied with the procedural requirements for approval. Additionally, the court had to consider the bargaining positions of both parties and whether there was genuine bargaining.

The Fair Work Commission found that the enterprise agreement was fair and reasonable, taking into account the specific circumstances of the employees and the bargaining positions of the parties. The agreement was deemed to be in the best interests of the employees as it provided for fair wages and conditions. The Commission also confirmed that the procedural requirements for approval had been met, including the provision of necessary information to the employees. Consequently, the Commission approved the enterprise agreement, finding it to meet the necessary legislative standards.

The Fair Work Commission approved the RMIT Training Pty Ltd and National Tertiary Education Union Enterprise Agreement 2016. This decision affirmed the agreement's compliance with the Fair Work Act and its alignment with the principles of fair and reasonable terms and conditions of employment. The approval signified that the agreement would serve as a binding contract between the parties, governing the employment conditions of the employees.

RMIT 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