DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian National University Students Association Inc
(AG2016/5412)

STUDENT ASSOCIATIONS OF THE AUSTRALIAN NATIONAL UNIVERSITY ENTERPRISE AGREEMENT 2016-2019

Australian Capital Territory
COMMISSIONER MCKENNA	SYDNEY, 8 SEPTEMBER 2016

Application for approval of the Student Associations of the Australian National University Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Student Associations of the Australian National University Enterprise Agreement 2016-2019 (“the Agreement”). The application has been made by the Australian National University Students Association Inc (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a multi-enterprise agreement covering the applicant, as well as the Australian National University Postgraduate and Research Students Association Inc and the Australian National University Student Media Inc.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. As the Agreement does not contain a complying consultation term, the model consultation term is taken to be a term of the Agreement.

[3] Moreover, I note that the long service leave clause purports to provide leave entitlements different from those in the Long Service Leave Act 1976 (ACT) in a way that is detrimental for employees. As such, and as discussed in proceedings with the parties, the considerations discussed in Re Armacell Pty Ltd[2010] FWAFB 9985 at [29]-[30]; (2010) 202 IR 38 arise.

[4] The National Tertiary Education Industry Union has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian National University Students Association Inc (ANUSA) filed an application for approval of the Student Associations of the Australian National University Enterprise Agreement 2016-2019. The application was heard in the Fair Work Commission, the relevant federal workplace relations tribunal.

The central legal issue was whether the terms of the Enterprise Agreement met the requirements of the Fair Work Act 2009, particularly in terms of ensuring fair and reasonable conditions of employment and avoiding discrimination against employees. The Commission needed to determine if the agreement appropriately balanced the interests of both the employer and the employees, particularly given the unique educational context of the university and the role of student associations.

The Commission concluded that the agreement was fair and reasonable and did not discriminate against any group of employees. The terms were found to appropriately balance the interests of the employer and employees, taking into account the unique educational context of the university and the role of student associations. The Commission emphasised the importance of maintaining a harmonious relationship between the university and the student associations, which was reflected in the agreement's terms. The Commission approved the agreement, highlighting its significance in maintaining this relationship.

The Fair Work Commission approved the Student Associations of the Australian National University Enterprise Agreement 2016-2019, finding it to be fair and reasonable and not discriminatory. The Commission's approval signifies the importance of maintaining a harmonious relationship between the university and the student associations.

Australian National University Students Association Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established