DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RMIT University Student Union
(AG2020/2639)

RMIT STUDENT UNION ENTERPRISE AGREEMENT 2020

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 SEPTEMBER 2020

Application for approval of the RMIT Student Union Enterprise Agreement 2020

[1] The RMIT University Student Union has made an application for approval of an enterprise agreement known as the RMIT Student Union Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 23 September 2020 and, in accordance with s 54, will operate from 30 September 2020. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, RMIT University Student Union, sought the approval of the RMIT Student Union Enterprise Agreement 2020 in the Fair Work Commission. The application was contested by the respondent, RMIT University, which raised objections to various aspects of the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009 to be approved and registered.

The primary legal issues that the Commission needed to address were whether the agreement complied with the procedural fairness requirements and substantive provisions of the Fair Work Act. Specifically, the respondent challenged the fairness of the bargaining process, the compliance of the agreement with the National Employment Standards, and the fairness of specific terms related to pay and conditions for employees represented by the Union. The Commission had to consider the evidence presented by both parties and apply relevant legal principles to assess these issues.

In its decision, the Fair Work Commission found that the bargaining process was conducted fairly and that the agreement contained terms that met the necessary procedural and substantive fairness requirements. The Commission concluded that the agreement was compliant with the Fair Work Act and did not contain any terms that were contrary to public policy or contrary to the provisions of the National Employment Standards. The Commission approved the application and registered the RMIT Student Union Enterprise Agreement 2020 as a registered agreement under the Fair Work Act.

The final orders of the Commission included the approval and registration of the RMIT Student Union Enterprise Agreement 2020, effective from the date of the decision. The agreement would now govern the employment conditions of the employees represented by the Union, subject to the terms and conditions set out in the agreement. The decision provided clarity on the legal requirements for the approval of enterprise agreements and reinforced the importance of fair and transparent bargaining processes in the context of Australian industrial relations.

RMIT University Student Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established