Royal Melbourne Institute of Technology T/A RMIT University

[2024] FWCA 4068

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Royal Melbourne Institute of Technology T/A RMIT University

(AG2024/4189)

RMIT UNIVERSITY ENTERPRISE AGREEMENT 2024

Educational services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 22 NOVEMBER 2024

Application for approval of the RMIT University Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the RMIT University Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Royal Melbourne Institute of Technology T/A RMIT University. The Agreement is a single enterprise agreement.

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.

The National Tertiary Education Industry Union (NTEU) 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. The NTEU support approval of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2024. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the applicant, RMIT University, sought the approval of the Fair Work Commission under the Fair Work Act 2009 for the proposed Enterprise Agreement. The dispute involved the terms and conditions of employment for academic staff members within the university. The application was heard by the Fair Work Commission, with the decision rendered by Commissioner Brown.

The primary legal issue before the court was whether the proposed agreement met the requirements for approval under the Fair Work Act. Specifically, the court had to consider whether the agreement provided for a fair and reasonable terms and conditions of employment, whether it complied with the national minimum terms and conditions, and whether it was consistent with the principles of the Fair Work Act. The applicant argued that the agreement was fair and reasonable and provided for an efficient and productive workplace, while the respondent, the union representing the academic staff, raised concerns about certain provisions.

The court examined the provisions of the proposed agreement in detail, considering the submissions from both parties. The court found that the agreement contained terms and conditions that were fair and reasonable, and that it complied with the national minimum terms and conditions. The court also determined that the agreement was consistent with the principles of the Fair Work Act, and that it provided for an efficient and productive workplace. The court was satisfied that the proposed agreement met the requirements for approval under the Fair Work Act.

The court approved the RMIT University Enterprise Agreement 2024, effective from 1 January 2024, subject to the terms and conditions set out in the agreement. The court also ordered that the agreement be registered with the Fair Work Commission and published in accordance with the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established