Royal Melbourne Institute of Technology

[2013] FWCA 3107

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Melbourne Institute of Technology
(AG2013/1111)

RMIT UNIVERSITY DEFENCE AEROSKILLS TRAINING ACADEMY (WAGGA WAGGA) ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BISSETT	MELBOURNE, 16 MAY 2013

Application for approval of the RMIT University Defence Aeroskills Training Academy (Wagga Wagga) Enterprise Agreement 2013 .

[1] An application has been made for approval of an enterprise agreement known as the RMIT University Defence Aeroskills Training Academy (Wagga Wagga) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 Agreement is approved. In accordance with s.54(1) it will operate from 23 May 2013. The nominal expiry date of the Agreement is 8 April 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Royal Melbourne Institute of Technology (RMIT), sought approval of the RMIT University Defence Aeroskills Training Academy (Wagga Wagga) Enterprise Agreement 2013 from the Fair Work Commission (FWC). The agreement was intended to govern the terms and conditions of employment for certain employees of the Defence Aeroskills Training Academy, a wholly-owned subsidiary of RMIT.

The primary legal issue before the FWC was whether the terms of the proposed enterprise agreement were in compliance with the Fair Work Act 2009. Specifically, the FWC had to assess whether the agreement met the "better off overall test" and if it was made in good faith. This test requires that employees are not worse off financially and, where possible, are better off overall, compared to the applicable awards or other agreements. Additionally, the FWC had to ensure that the agreement was not contrary to public policy and that it was made in good faith.

The FWC found that the agreement met the better off overall test and was made in good faith. The FWC considered the evidence presented by both parties and concluded that the proposed agreement was fair and reasonable. The FWC noted that the agreement provided for a range of benefits to employees, including improved pay rates, leave entitlements, and other conditions of employment. The FWC also found that the agreement was not contrary to public policy and that it was made in good faith.

Accordingly, the FWC approved the RMIT University Defence Aeroskills Training Academy (Wagga Wagga) Enterprise Agreement 2013. The agreement will now govern the terms and conditions of employment for the relevant employees, subject to any further orders made by the FWC or any applicable awards or other agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established