RMIT Training Pty Ltd

[2013] FWCA 9102

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

RMIT Training Pty Ltd
(AG2013/11421)

RMIT TRAINING PTY LTD AND NATIONAL TERTIARY EDUCATION INDUSTRY UNION ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER WILSON	MELBOURNE, 20 NOVEMBER 2013

Application for approval of the RMIT Training Pty Ltd and National Tertiary Education Industry Union Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the RMIT Training Pty Ltd and National Tertiary Education Industry Union Enterprise Agreement 2013 (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 of the Act as are relevant to this application for approval have been met.

[3] The National Tertiary Education Industry Union (the NTEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2), I note that the Agreement covers the NTEU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2013. The nominal expiry date of the Agreement is 20 November 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the National Tertiary Education Industry Union and RMIT Training Pty Ltd, the Fair Work Commission was called upon to consider the approval of the RMIT Training Pty Ltd and National Tertiary Education Industry Union Enterprise Agreement 2013. The National Tertiary Education Industry Union, representing employees of RMIT Training, sought approval of the agreement which outlined terms and conditions of employment for its members.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether the agreement provided for a safety net of minimum rates of pay and conditions, and whether the agreement had been made in good faith and without coercion. The Commission also considered whether the agreement complied with the process requirements, such as proper notification and the opportunity for relevant parties to make submissions.

The Fair Work Commission found that the agreement satisfied the legislative criteria for approval. The Commission determined that the agreement provided for a safety net of minimum rates of pay and conditions and that it had been made in good faith. The Commission also noted that all necessary process requirements had been met, including proper notification and the opportunity for submissions. Consequently, the Commission approved the enterprise agreement, finding it met the necessary legal standards for registration.

The final orders of the Fair Work Commission were that the RMIT Training Pty Ltd and National Tertiary Education Industry Union Enterprise Agreement 2013 be approved and registered as a registered agreement under the Fair Work Act 2009. The agreement was to commence on the first day of the first calendar month following the registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established