Royal Melbourne Institute of Technology trading as RMIT University

[2014] FWCA 4223

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Melbourne Institute of Technology trading as RMIT University
(AG2014/6233)

RMIT UNIVERSITY ACADEMIC AND PROFESSIONAL STAFF ENTERPRISE AGREEMENT 2014

Educational services
DEPUTY PRESIDENT SMITH	MELBOURNE, 26 JUNE 2014

Application for approval of the RMIT University Academic and Professional Staff Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the RMIT University Academic and Professional Staff Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the RMIT University. The Agreement is a single-enterprise agreement.

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

[3] The National Tertiary Education 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 this organisation.

[4] An issue was raised with the parties in relation to a current matter before a Full Bench [C2014/4035 s.604 Appeal by the National Tertiary Education Union]. Given the contents of the attached email from Ms Linda Gale, the National Industrial Coordinator, National Tertiary Education Union, I have decided to approve the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Annexure A

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the RMIT University Academic and Professional Staff Enterprise Agreement 2014. The applicants, representing academic and professional staff, sought the Commission's endorsement of the agreement which outlined terms and conditions of employment for the staff members. The application was contested by the respondent, RMIT University, which raised several objections to the proposed terms, particularly regarding remuneration and classification issues.

The primary legal issues before the Commission were whether the proposed enterprise agreement was fair and reasonable in all its terms and whether it complied with the relevant statutory requirements under the Fair Work Act 2009. Specifically, the respondent objected to certain provisions regarding the classification of roles, the adequacy of remuneration and the process for resolving disputes. The Commission needed to determine whether these objections were valid and whether the agreement should be approved despite the respondent's concerns.

The Fair Work Commission carefully considered the evidence and arguments presented by both parties. The Commission noted that the proposed agreement was the result of extensive negotiations between the applicants and the respondent. While the respondent had raised several objections, the Commission found that most of these were not substantiated. The Commission concluded that the agreement was fair and reasonable in all its terms, taking into account the need to maintain a harmonious workplace and the broader context of higher education institutions. The Commission also found that the agreement complied with all statutory requirements and approved the application, thereby endorsing the RMIT University Academic and Professional Staff Enterprise Agreement 2014.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established