DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Melbourne Institute of Technology T/A RMIT University
(AG2017/2647)

RMIT UNIVERSITY CHILDREN’S SERVICES ENTERPRISE AGREEMENT 2017

Children’s services
COMMISSIONER WILSON	MELBOURNE, 15 AUGUST 2017

Application for approval of the RMIT University Children’s Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the RMIT University Children’s Services Enterprise Agreement 2017 (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 Applicant 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2017. The nominal expiry date of the Agreement is 14 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

The case involved the Royal Melbourne Institute of Technology, trading as RMIT University, which sought approval for the RMIT University Children’s Services Enterprise Agreement 2017. The dispute arose from a negotiation between RMIT University and its employees who worked in the children’s services sector. The Fair Work Commission was the court tasked with deciding whether the agreement met the necessary legal standards for approval.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated and whether it contained appropriate terms and conditions for the employees. The Commission needed to determine if the agreement complied with the Fair Work Act 2009 and other relevant industrial instruments. Additionally, the Commission assessed if the agreement addressed the specific needs and circumstances of the employees in the children’s services sector.

In reaching its decision, the Fair Work Commission considered the evidence provided by both parties and the broader context of industrial agreements. The Commission found that the agreement was genuinely negotiated and contained terms and conditions that were fair and reasonable. The Commission noted that the agreement addressed the specific needs of employees in the children’s services sector, including provisions for professional development and safety standards. Consequently, the Commission approved the agreement, finding it to be in compliance with the Fair Work Act 2009.

The Fair Work Commission ordered the approval of the RMIT University Children’s Services Enterprise Agreement 2017, effective from the date of the decision. This approval ensures that the agreement will serve as a binding contract between RMIT University and its employees in the children’s services sector, governing their employment terms and conditions.

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