DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Melbourne Institute of Technology T/A RMIT University
(AG2018/3610)

RMIT UNIVERSITY ENTERPRISE AGREEMENT 2018

Educational services
COMMISSIONER GREGORY	MELBOURNE, 7 NOVEMBER 2018

Application for approval of the RMIT University Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the RMIT University Enterprise Agreement 2018 (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.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 November 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved RMIT University, represented by the Royal Melbourne Institute of Technology, which applied to the Fair Work Commission for approval of its Enterprise Agreement 2018. The university sought to finalise and approve the agreement that would govern the terms and conditions of employment for its employees. The Fair Work Commission, an Australian independent statutory body, was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The legal issues at the heart of the case centred on whether the agreement complied with the statutory requirements for enterprise agreements, including provisions relating to minimum entitlements, employee rights, and procedural fairness.

The Commission examined the agreement against the legislative framework to ascertain whether it met the criteria for approval. Key considerations included whether the agreement provided for minimum terms and conditions, allowed for individual flexibility clauses, and contained appropriate dispute resolution mechanisms. The university argued that the agreement was comprehensive and met all necessary requirements, while the employees' representatives contended that certain provisions did not adequately protect employee rights. The Commission also assessed whether the agreement had been negotiated fairly and whether it contained adequate mechanisms for employee participation and consultation.

In its decision, the Fair Work Commission found that the RMIT University Enterprise Agreement 2018 was largely compliant with the statutory requirements. The Commission noted that while some provisions could be improved to better safeguard employee interests, the overall agreement met the necessary criteria for approval. The Commission highlighted the importance of ensuring that minimum entitlements were preserved and that there were effective mechanisms for dispute resolution and employee consultation. After considering all submissions and the relevant legal provisions, the Commission approved the agreement, subject to certain modifications to address the identified shortcomings.

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