DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Australian National University
(AG2020/1844)

THE AUSTRALIAN NATIONAL UNIVERSITY ENTERPRISE AGREEMENT 2017-2021

Educational services
COMMISSIONER JOHNS	SYDNEY, 6 JULY 2020

Application for variation of The Australian National University Enterprise Agreement 2017-2021.

[1] An application has been made for approval of a variation to ‘The Australian National University Enterprise Agreement 2017-2021’ (the Agreement). The application was made by the Australian National University pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 16 March 2018. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 6 July 2020.

COMMISSIONER

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CaseChat Overview and Summary

The Australian National University (ANU) made an application for the variation of The Australian National University Enterprise Agreement 2017-2021, which was heard by the Fair Work Commission. The application aimed to amend the agreement to address certain financial constraints faced by ANU and to ensure the agreement remained viable in light of significant changes in the institution's financial circumstances. The primary issue before the court was whether the financial hardship faced by ANU justified the requested variations to the enterprise agreement and whether such variations would be consistent with the principles of good faith bargaining and fairness.

The court considered the evidence presented regarding ANU's financial situation, including the impact of reduced government funding, declining enrolments, and the financial strain caused by the COVID-19 pandemic. The court also examined the efforts made by ANU to mitigate the financial crisis through various cost-saving measures. In reaching its decision, the court applied the criteria for variation under the Fair Work Act, assessing whether the financial hardship was genuine, whether the proposed variations were necessary and proportionate, and whether the agreement would remain fair and reasonable if the variations were made. After careful consideration, the court determined that the financial hardship was genuine and the proposed variations were necessary and proportionate to address the financial challenges faced by ANU.

The court granted the application for variation, allowing the changes to the enterprise agreement to proceed. The approved variations included adjustments to employee entitlements, salary increases, and working conditions. The court emphasised the importance of good faith bargaining and the need for both parties to work collaboratively to ensure the long-term sustainability of the agreement. The decision highlighted the role of the Fair Work Commission in balancing the interests of employers and employees in the context of significant financial difficulties faced by an institution of higher learning. The final orders of the court mandated the implementation of the agreed variations to the enterprise agreement, effective from the date of the decision.

Australian National University

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established