DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian National University
(AG2017/5358)

THE AUSTRALIAN NATIONAL UNIVERSITY ENTERPRISE AGREEMENT 2017 - 2021

Australian Capital Territory
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 MARCH 2018

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

[1] An application has been made for approval of an enterprise agreement known as The Australian National University Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Australian National 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] The Agreement lodged contained an error at clause 2.2. On 13 March 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), National Tertiary Education Industry Union, United Voice, and Media, Entertainment and Arts Alliance 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 these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian National University sought approval of an enterprise agreement covering the period from 2017 to 2021. The applicant, represented by a union, brought the application before the Fair Work Commission (FWC) for approval of the agreement. The primary dispute centred on whether the proposed enterprise agreement complied with the necessary legal requirements and if it appropriately balanced the rights and obligations of both parties.

The legal issues before the FWC were whether the agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement dealt with the relevant employees' terms and conditions of employment, if it was free from any prohibited content, and whether it was appropriately certified by a relevant independent body. Additionally, the FWC had to determine if the agreement adequately protected the rights of employees, particularly in terms of their working conditions and job security.

The FWC found that the agreement was compliant with all necessary legislative requirements. The agreement was deemed to appropriately address the terms and conditions of employment, was free from prohibited content, and had been certified by an independent body as meeting the criteria for approval. The FWC also concluded that the agreement adequately protected the rights of employees, particularly in terms of job security and working conditions. Based on these findings, the FWC approved the enterprise agreement.

The 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