Royal Melbourne Institute of Technology T/A RMIT University

[2016] FWCA 8977

[2016] FWCA 8977

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Melbourne Institute of Technology T/A RMIT University
(AG2016/7454)

RMIT VOCATIONAL EDUCATION WORKPLACE AGREEMENT 2016

Educational services
COMMISSIONER BISSETT	MELBOURNE, 16 DECEMBER 2016

Application for approval of the RMIT Vocational Education Workplace Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the RMIT Vocational Education Workplace Agreement 2016 (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] 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.

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

[4] The NTEU, in its Form 18 Statutory Declaration of employee organisation, disagreed with the applicant’s nomination, in its Form 17 Employer’s Statutory Declaration, of the Educational Services (Post-Secondary Education) Award 2010 as the modern award which currently covers the employer and any of the employees covered by the agreement. The NTEU contended that the Higher Education – Academic Staff – Award 2010 should also be nominated as a modern award which currently covers the employer and any of the employees covered by the agreement. Without making a decision about which of these modern awards is the relevant instrument for the purposes of assessing the Better Off Overall Test, I have determined that the Agreement passes the Better Off Overall Test in accordance with s.193 assessed against either Award.

[5] The Agreement was approved on 16 December 2016 and, in accordance with s.54, will operate from 23 December 2016. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

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