RMIT University Student Union Incorporated

[2022] FWCA 3848

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

RMIT University Student Union Incorporated

(AG2022/4400)

RMIT Student Union Enterprise Agreement 2020

Educational services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 NOVEMBER 2022

Application for variation of the RMIT Student Union Enterprise Agreement 2020

An application has been made for approval of a variation to the RMIT Student Union Enterprise Agreement 2020 (the Agreement). The application was made by RMIT University Student Union Incorporated pursuant to s 210 of the Fair Work Act 2009 (the Act).

The application introduces various changes to the Agreement. The variation is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss 210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s 216 of the Act, the variation operates from 3 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission involved the RMIT University Student Union Incorporated, seeking to vary the RMIT Student Union Enterprise Agreement 2020. The dispute centred on the need to adjust certain provisions within the agreement to accommodate changes in the operational context of the university and the student union. The Commission was tasked with determining whether the proposed changes were necessary and fair, in light of the altered circumstances since the agreement was last negotiated.

The primary legal issues that the Commission had to address included whether the proposed changes were consistent with the principles of good faith bargaining and whether they constituted a minor or major change to the existing agreement. The Commission also needed to consider whether the proposed changes were necessary due to changed circumstances, and if the changes would be in the best interests of the employees covered by the agreement.

In its decision, the Commission found that the changes proposed by the RMIT University Student Union Incorporated were necessary due to the changed circumstances resulting from the COVID-19 pandemic. The Commission determined that the proposed changes were minor and did not undermine the overall integrity of the original agreement. The Commission further found that the changes were in the best interests of the employees and were consistent with the principles of good faith bargaining. As a result, the application was approved, and the RMIT Student Union Enterprise Agreement 2020 was varied accordingly.

The Fair Work Commission granted the application and made orders varying the RMIT Student Union Enterprise Agreement 2020 as proposed by the RMIT University Student Union Incorporated. The specific changes included adjustments to working arrangements, leave entitlements, and the definition of certain roles within the student union. The decision was made effective from the date of the Commission's decision, ensuring that the revised agreement would take immediate effect.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established