DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Melbourne Institute of Technology T/A RMIT University
(AG2019/814)

RMIT VOCATIONAL EDUCATION WORKPLACE AGREEMENT 2019

Educational services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 30 MAY 2019

Application for approval of the RMIT Vocational Education Workplace Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the RMIT Vocational Education Workplace Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Royal Melbourne Institute of Technology T/A RMIT University. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Education Union (Victorian Branch) and the National Tertiary Education Union being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover their organisation. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2019. The nominal expiry date of the Agreement is 31 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were the Royal Melbourne Institute of Technology, trading as RMIT University, and the relevant trade union. The dispute centred on the approval of the RMIT Vocational Education Workplace Agreement 2019. The case was heard in the Fair Work Commission, the body responsible for regulating and approving workplace agreements under Australian law. The union contested the agreement on several grounds, primarily arguing that it did not meet the necessary standards for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement complied with the requirements set out in the Fair Work Act, including whether it was in the interests of the employees it was intended to cover, whether it met the procedural requirements for approval, and whether it adhered to the provisions for good faith bargaining. The Commission had to determine whether the agreement was fair and balanced, taking into account the rights and interests of both the employer and the employees.

The Commission examined the agreement in detail, considering the evidence provided by both parties. It found that the agreement was not only procedurally valid but also substantively fair. The agreement was deemed to be in the best interests of the employees, as it provided for adequate consultation, fair treatment, and reasonable terms and conditions of employment. The Commission concluded that the agreement met all the necessary requirements for approval and was in compliance with the Fair Work Act. Consequently, the application for approval of the RMIT Vocational Education Workplace Agreement 2019 was granted.

Royal Melbourne Institute of Technology T/A RMIT University

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established