The Australian National University

[2014] FWCA 323

The attached document replaces the document previously issued with the above code on

13 January 2014.

The document has been edited to correct an error the agreement was not attached to the decision.

Rachael Shaw

Dated 23 January 2014

[2014] FWCA 323

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian National University
(AG2013/12786)

THE AUSTRALIAN NATIONAL UNIVERSITY ENTERPRISE AGREEMENT 2013-2016

Educational services
COMMISSIONER DEEGAN	CANBERRA, 13 JANUARY 2014

Application for approval of The Australian National University Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as The Australian National University Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by The Australian National University.

[2] Pursuant to s.190 of the Act I have accepted an undertaking from the employer which relates to representation of employees for the purposes of the dispute settlement procedure. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertakings, which are taken to be terms of the agreement under s.201(3) of the Act, 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Media, Entertainment and Arts Alliance, National Tertiary Education Industry Union and United Voice, being bargaining representatives for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2014. The nominal expiry date of the Agreement is 30 June 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian National University applied for the approval of its Enterprise Agreement 2013-2016, which was to be assessed by the Fair Work Commission (FWC). The dispute revolved around whether the proposed terms and conditions contained within the agreement were fair and reasonable, as required under the Fair Work Act 2009. The FWC had to determine if the agreement met the necessary criteria for approval, particularly focusing on whether it provided appropriate terms and conditions for the employees involved.

The legal issues before the FWC involved assessing whether the agreement complied with the Fair Work Act, including whether it provided for the fair and reasonable terms and conditions for the employees. The FWC had to consider various factors, including the nature of the agreement, the fairness of the proposed terms and conditions, and whether the agreement met the requirements of the Fair Work Act. Additionally, the FWC needed to ensure that the agreement was made in good faith and without coercion.

The FWC found that the proposed Enterprise Agreement 2013-2016 met the necessary criteria for approval. The agreement was deemed to provide fair and reasonable terms and conditions for the employees, taking into account the nature of the employment and the specific circumstances of the university. The FWC concluded that the agreement was made in good faith and without coercion, and that it met the requirements of the Fair Work Act. Consequently, the FWC approved the application for the agreement.

The FWC's final order was the approval of the Australian National University Enterprise Agreement 2013-2016, which was deemed to provide fair and reasonable terms and conditions for the employees, in accordance with the Fair Work Act. The approval was based on the findings that the agreement was made in good faith and without coercion, and that it met all necessary requirements for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established