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[2002] AIRC 740
plaintiff. Consent was granted in part to the NTEU's application, with Rule 6.2(a) replaced by the amended wording set out at [9], effective 8 July 2002.
2 cited instruments linked from this judgment.
The NTEU asked the Commission to change an eligibility rule so specified staff working for student organisations connected with tertiary education institutions could be covered. The unions that objected withdrew their objections after the wording was amended to exclude catering and hospitality. The Commission was satisfied that the statutory requirements it considered were met, found no evidence that another organisation was a better fit for the relevant employees, and consented to the amended rule. The change took effect on 8 July 2002. The judgment does not provide later court decisions or reproduce the full text of the statutory provisions.
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1,736 words · generated 30/09/2026
On 18 January 2002, the National Tertiary Education Industry Union (NTEU) applied under s 204 of the for consent to alter its eligibility rules [1]. The application concerned Rule 6.2(a), which covered certain professional, administrative, clerical, computing and technical staff employed by student associations or similar bodies.
As originally filed, the proposed alteration would replace “higher” with “tertiary” in the rule's description of the educational institutions associated with those student organisations [3]. The NTEU said that the change would extend eligibility to employees of TAFE student organisations, Institute of Technology student organisations and other tertiary education institution student organisations who were not then eligible [4].
The application was gazetted and published on the Commission's website. The Community and Public Sector Union (CPSU) and the Australian Liquor, Hospitality and Miscellaneous Workers Union (ALHMWU) objected within the prescribed time [2]. At the hearing on 30 May 2002, an agreement between the NTEU and ALHMWU was tendered. The agreement led to an additional change: “catering” in the exclusion list would become “catering and hospitality” [5].
The Senior Deputy President regarded that amendment as expanding an exclusion, and therefore narrowing the substantive application. On that basis, further advertising was not required. The ALHMWU withdrew its objection, and the CPSU later withdrew its objection as well [5]-[6]. No objector remained when the Commission decided the application.
The Commission consented in part to the rule as amended [9]. The approved wording retained the proposed move from “higher” to “tertiary”, while excluding employees in catering and hospitality, cleaning, security, parking, caretaking and handyperson work, gardening, child care, specified trades, and health, fitness and leisure instruction and attendant roles. The rule included managerial positions. The alteration took effect on 8 July 2002 [10].
This was a statutory consent decision by Senior Deputy President Williams, acting as a designated Presidential Member of the Australian Industrial Relations Commission. The reasons are short and focused on the criteria the Commission considered under s 204. They do not reproduce the full text of the Act or give a detailed general interpretation of each subsection.
First, the Senior Deputy President considered the “no other organisation” condition in s 204(4). The decision records that there was no evidence that another organisation could more conveniently accommodate or more effectively represent the relevant class of employees than the NTEU [7]. On that record, the Senior Deputy President concluded that the NTEU did not need to give an undertaking for the purposes of s 204(5) [7]. This is a finding about the material in this application, not a general determination that the NTEU is the most appropriate organisation for every employee working in tertiary education.
Second, the Senior Deputy President stated that they were satisfied about the matters in ss 204(2) and 204(4), and that the Act and Regulations had been complied with [8]. The decision also says the Senior Deputy President was not aware of a matter requiring consideration under s 204(6A), was satisfied that the discretion in s 204(6B) should not be exercised to refuse consent, and was not aware of public-interest grounds for refusing the amended application [8].
Third, the amended exclusion wording was accepted without restarting the advertising process. The reasoning was that adding “and hospitality” expanded the excluded category and narrowed what the application would cover [5]. The decision therefore treated the amendment as a reduction in the scope of the application, rather than as a new or enlarged claim requiring further notice. The ALHMWU's withdrawal followed the agreement and amendment [5].
The reasoning is application-specific. It does not explain the evidence in detail, identify particular employees or workplaces, or state a broad test for how every proposed alteration to an eligibility rule should be assessed. Its central effect is to record the Commission's satisfaction with the statutory matters on the material before it and to approve the amended wording.
The decision concerns the NTEU's eligibility rule, rather than setting out a general change to industrial law. Before the alteration, the relevant text of Rule 6.2(a) used “higher” in describing the education institutions connected with the student associations in question. The NTEU sought to substitute “tertiary” [3]. The NTEU's supporting explanation, as summarised in the decision, was that the amendment would cover specified employees of tertiary student organisations who were not eligible under the existing rule [4].
After the decision, Rule 6.2(a) referred to student associations or similar bodies that existed primarily or exclusively to provide services to, or representation of, students of “tertiary education institutions” [9]. It covered the positions of professional, administrative, clerical, computing and technical staff, including managerial positions, subject to the specified exclusions. The ALHMWU agreement added “hospitality” alongside “catering” in those exclusions [5], [9].
The approved rule was to take effect on 8 July 2002 [10]. The annexure sets out the NTEU's eligibility rules effective from that date, including the amended Rule 6.2(a). This decision does not establish how the rule was subsequently amended, interpreted in other proceedings, or affected by later legislation. No later legal sources are included in the material provided.
At [4], the decision describes the practical purpose of the application: extending the NTEU rule to employees of specified tertiary student organisations who were not eligible under the existing wording. In plain English, the change was intended to broaden the educational-institution category from “higher” to “tertiary”, while keeping the listed occupational exclusions.
At [5], the Senior Deputy President states that adding “and hospitality” to the exclusion “would be an expansion of an exclusion provision” and “would constitute a narrowing of the substantive application”. In plain English, the change reduced the categories of workers the amended rule would cover. The Commission therefore did not require the application to be advertised again.
At [7], the Senior Deputy President records that no evidence suggested another organisation could more conveniently accommodate or more effectively represent the relevant employees. In plain English, the Commission did not see evidence in this proceeding that a different organisation was a better fit for the class covered by the proposed change. The decision links that finding to the conclusion that no undertaking under s 204(5) was needed.
At [8], the Senior Deputy President records satisfaction about the requirements in ss 204(2) and 204(4), compliance with the Act and Regulations, and the absence of an identified reason to refuse consent. This explains the Commission's statutory assessment, but the decision does not give a detailed account of every item of evidence or reproduce the statutory provisions.
At [9]-[10], the Commission grants consent in part to the amended wording and specifies the effective date. In plain English, the operative result was not merely an approval of the initial proposal as filed: it was approval of the amended rule, including the additional hospitality exclusion, from 8 July 2002.
The decision is directly relevant to an application seeking statutory consent to alter an organisation's eligibility rules, where the change is to extend eligibility to a defined class of employees associated with tertiary education student organisations. The particular application involved professional, administrative, clerical, computing and technical staff, including managerial positions, with specified occupational exclusions [3]-[4], [9].
It may also be relevant to the procedural treatment of an amendment made during an application process where the amendment expands an exclusion and narrows the proposed coverage. Here, the Senior Deputy President considered the “catering and hospitality” change to narrow the application and not require further advertising [5]. That conclusion arose in the circumstances of this application, including the agreement between the NTEU and ALHMWU.
The decision's reasoning about the “no other organisation” condition is tied to the record before the Commission. It may be relevant where that condition arises in a similar consent application, but the judgment does not provide a general evidentiary checklist or determine how the condition would apply where another organisation actively claimed an interest, or where evidence supported a different conclusion.
The case does not decide disputes about an individual employee's membership, the boundaries of every listed occupational category, or the operation of the rule in a later factual setting. Those matters are not addressed in the reasons provided.
The supplied judgment contains no discussion of later cases, and no later decisions or other legal sources have been provided. It is therefore not possible, on this material, to say whether later courts or tribunals followed, distinguished, applied or otherwise treated this decision.
The decision itself records the Commission's reasoning and operative outcome in 2002. It does not cite another judgment as authority for its conclusions. Its treatment of the amendment as narrowing the application and its findings under s 204 are reasons given for resolving this particular application; the text does not claim that subsequent decision-makers adopted them as a general rule.
The decision does not set out the evidence supporting the NTEU's application in detail. It summarises the proposed coverage and the absence of evidence of a more suitable organisation, but does not identify the evidence or explain whether any particular workplace or employee was considered [4], [7]. A reader cannot use this judgment alone to assess how the same condition would be resolved on a different evidentiary record.
Nor does the decision reproduce ss 204(2), 204(4), 204(5), 204(6A) or 204(6B). It states how the Senior Deputy President applied and was satisfied about them in this proceeding [7]-[8], but the full statutory requirements cannot be derived from the judgment's summary alone.
The reasons also do not determine the scope of each occupational exclusion beyond setting out the approved wording. Questions about the meaning of terms such as “hospitality”, “technical staff” or “managerial positions” in a later dispute are not decided in the text. Similarly, the judgment does not explain how potential overlaps with other organisations' eligibility rules would be handled if evidence of such overlap were presented.
Finally, the supplied material gives no account of amendments after 8 July 2002 or subsequent judicial treatment. The decision establishes the approved version of Rule 6.2(a) and its commencement date, but not the rule's later history or current status.
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s.204 application for consent to alteration to eligibility rules
[1] On 18 January 2002, the National Tertiary Education Industry Union (the NTEU) lodged in the Australian Industrial Registry an application under s.204 of the Workplace Relations Act 1996 (the WR Act) for the consent of a designated Presidential Member to alterations to its eligibility rules.
[2] Notice of receipt of the application was gazetted in the Commonwealth of Australia Gazette, Government Notices, GN 5 of 2002 on 6 February 2002. A copy of the application was also published on the Commission's website. Notices of objection were lodged within the prescribed time by the CPSU, the Community and Public Sector Union (the CPSU) and the Australian Liquor, Hospitality and Miscellaneous Workers Union (the ALHMWU).
[3] The application as filed seeks the consent of a designated Presidential Member to the alteration of Rule 6.2(a) by the deletion of the word "higher" and the substitution therefor of the word "tertiary" so that the rule would read as follows:
(a) The positions of all professional, administrative, clerical, computing and technical staff (not including catering, cleaning, security, parking attendants, caretakers and handy persons, gardening, child care, trades up to and including the level of leading hands, and health, fitness and leisure instructors and attendants, but including managerial positions) employed by associations of students or students and others, whether incorporated or not, which exist primarily or exclusively for the purpose of providing services to, or representation of, students of tertiary education institutions.
[4] The reasons advanced for the proposed alteration are set out in the statement of Grahame McCulloch filed in support of the application. The effect of the proposed alteration is to extend the scope of the eligibility rules of the NTEU so as to render eligible for membership employees employed at or by TAFE student organisations, Institute of Technology student organisations or other tertiary education institution student organisations where such employees are not currently eligible for membership.
[5] At the hearing on 30 May 2002, a copy of a Memorandum of Agreement between the NTEU and the ALHMWU signed on behalf of the latter was tendered and marked as Exhibit "NTEU1". A copy of that Memorandum of Agreement signed on behalf of both the NTEU and the ALHMWU was provided to the Commission by the NTEU under cover of a letter dated 3 June 2002. A term of the agreement so reached requires an amendment to be made to the form in which Rule 6.2 would appear if consent were to be given to the application. The amendment is the alteration of the word "catering" to the words "catering and hospitality". As I stated at the hearing on 30 May 2002, I consider that such an amendment would be an expansion of an exclusion provision in the rule and, as such, would constitute a narrowing of the substantive application before me and would not require a further advertising of that application. As a result, the ALHMWU's objection has been withdrawn.
[6] By letter dated 6 June 2002, the CPSU advised me that its objection was also withdrawn. There is, therefore, no outstanding objector to the substantive application.
[7] In relation to the condition prescribed by s.204(4) of the WR Act, i.e. the "no other organisation" condition, there is no evidence before me to suggest that there is any other organisation to which the relevant class of employees might more conveniently belong than to the NTEU or which would more effectively represent them than the NTEU. In the circumstances, therefore, I am of the opinion that there is no other organisation to which the relevant class of employees might more conveniently belong than to the NTEU or which would more effectively represent them than the NTEU. It is not necessary, therefore, for the NTEU to give any undertaking for the purposes of s.204(5) of the WR Act.
[8] Having considered all the material now before me, I am satisfied as to the matters referred to in ss.204(2) and 204(4) of the WR Act. I am also satisfied that there has been compliance with the WR Act and the Regulations. I am not aware of any matter that needs to be considered for the purposes of s. 204(6A) and I am satisfied that I should not exercise the discretion conferred by 204(6B) to refuse to consent to the alteration as amended. Nor am I aware of any public interest grounds for refusing consent to the application as amended.
[9] I therefore consent in part to the application, i.e. to the eligibility rules of the NTEU being altered by the deletion of Rule 6.2(a) and the substitution therefor of the following -
(a) The positions of all professional, administrative, clerical, computing and technical staff (not including catering and hospitality, cleaning, security, parking attendants, caretakers and handy persons, gardening, child care, trades up to and including the level of leading hands, and health, fitness and leisure instructors and attendants, but including managerial positions) employed by associations of students or students and others, whether incorporated or not, which exist primarily or exclusively for the purpose of providing services to, or representation of, students of tertiary education institutions.
[10] The alterations to which I have consented shall come into effect on 8 July 2002. As a result of this decision, the eligibility rules of the NTEU, on and from that date and until further altered, shall be as set out in the Annexure to this decision.
S. Roberts for the National Tertiary Education Industry Union.
M. Perica for the CPSU, the Community and Public Sector Union.
T, Veenendaal for the Australian Liquor, Hospitality and Miscellaneous Workers Union.
Printed by authority of the Commonwealth Government Printer
6.1 Persons shall be eligible for membership who are employed as academic staff in the industry of persons employed in or in connexion with tertiary education in the Australian Capital Territory, the Northern Territory and the States of New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia; or in the other occupations specified in this sub-rule who are employed in the industry of persons employed in or in connexion with higher education in the Australian Capital Territory, the Northern Territory and the States of New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia; or who are employed in the industry of persons employed in or in connexion with tertiary or adult education in Victoria; in any one or more of the following positions or in any class of work which forms a substantial part of the duties of such positions:
(a) Deputy Vice-Chancellor, Pro-Vice-Chancellor, Vice-Principal, Deputy Principal, Assistant Principal, Professor, Associate Professor, Assistant Professor, Reader, Principal Lecturer, Senior Lecturer, Lecturer, Assistant Lecturer, Associate Lecturer, Principal Tutor, Senior Tutor, Tutor.
(b) Professorial Fellow, College Fellow, Senior Fellow, Principal Fellow, Junior Fellow, Fellow, Principal Research Fellow, Senior Research Fellow, Junior Research Fellow, Research Fellow, Senior Teaching Fellow, Teaching Fellow, Institute Fellow.
(c) (i) Senior Research Assistants and Research Assistants (other than in Australian Capital Territory, Northern Territory, New South Wales, Queensland, Tasmania and Western Australia).
(ii) Research Officers at the Australian National University
(d) Senior Demonstrator, Demonstrator, Senior Instructor, Instructor, Principal Instructor, Senior Supervisor, Supervisor, Clinical Supervisor, Clinical Educator, Nurse Educator, Clinical Teacher, Clinical Instructor, Clinical Tutor, Language Teacher.
(e) Director of School, Director of Department, Head of School, Head of Department, Head of Courses and Planning, Director of Institute, Director of Specialist Centre, Director of Unit, Chairperson of Department, Director of Division, Co-ordinator, Head of Faculty, Deputy Director of School, Deputy Director of Department, Deputy Head of School, Deputy Head of Department, Deputy Head of Courses and Planning, Deputy Director of Institute, Deputy Director of Specialist Centre, Deputy Director of Unit, Deputy Chairperson of Department, Deputy Director of Division, Deputy Co-ordinator, Deputy Head of Faculty.
(f) Dean, Sub-Dean, Associate Dean, Dean of Faculty.
(g) (i) (other than at the University of Newcastle, the University of New South Wales and the University of Wollongong) University Librarian, Assistant University Librarian, Associate Librarian and Deputy Librarian.
(ii) (other than in Universities in the Australian Capital Territory, New South Wales, Queensland, Tasmania, and Western Australia) Assistant Librarian and Principal Librarian.
(iii) (other than in Universities in the Australian Capital Territory, Northern Territory, New South Wales, Queensland and Tasmania) Senior Librarian.
(iv) (other than in Universities in the Australian Capital Territory, Northern Territory, New South Wales, Queensland, Tasmania and at Murdoch University) Librarian and Divisional Librarian.
(v) (other than in Universities in the Australian Capital Territory, Northern Territory, New South Wales, Queensland, Tasmania and Western Australia) Library Assistant and other qualified library staff.
(h) (i) (other than in Universities in the Australian Capital
Territory, Northern Territory, New South Wales, Western Australia), Registrar, Bursar and Deputy Bursar.
(ii) (other than in Universities in the Northern Territory, New South Wales, Tasmania and Western Australia) Assistant Registrar.
(iii) (other than in Universities in the Australian Capital Territory, Northern Territory, New South Wales, Tasmania and Western Australia) Deputy Registrar.
(iv) (other than in Universities in the Australian Capital Territory, Northern Territory, New South Wales and Tasmania) University Secretary.
(v) (other than in Universities in the Australian Capital Territory, Northern Territory, New South Wales, Tasmania and Western Australia) Business Manager and Comptroller.
(vi) (other than in Universities in the Australian Capital Territory, Northern Territory, New South Wales, Tasmania and Western Australia) Principal Administrative Officer, Senior Administrative Officer, Administrative Officer, Professional Officer and other Administrative Staff.
(i) (i) (other than in Universities in New South Wales) Physician.
(ii) (other than in Universities in the Australian Capital Territory, New South Wales, and Tasmania) Senior Student Counsellor.
(iii) (other than in Universities in the Australian Capital Territory, Tasmania and New South Wales except the University of Sydney) Student Counsellor.
(j) (i) (other than at the University of Newcastle, the University of New South Wales, the University of Wollongong, the University of Western Australia and Murdoch University) University Archivist.
(ii) (other than in Universities in the Australian Capital Territory, New South Wales, Queensland, Tasmania and Western Australia) Senior Archivist and Archivist.
(k) Warden and Head of a University Hall, Residence or College.
(l) (i) (other than in Universities in the Australian Capital Territory, New South Wales, Tasmania and Western Australia) University Architect.
(ii) (other than in Universities in the Australian Capital Territory, New South Wales, Tasmania and Western Australia) Deputy University Architect and other qualified Architects employed in the University Architect's office, University Engineer, Deputy University Engineer, Controller of Buildings, Controller of Buildings and Grounds and Controller of Grounds.
6.2 Notwithstanding anything contained in sub-rule 6.1 of this Rule, membership of the Union shall be open to persons in the following positions:
(a) The positions of all professional, administrative, clerical, computing and technical staff (not including catering and hospitality, cleaning, security, parking attendants, caretakers and handy persons, gardening, child care, trades up to and including the level of leading hands, and health, fitness and leisure instructors and attendants, but including managerial positions) employed by associations of students or students and others, whether incorporated or not, which exist primarily or exclusively for the purpose of providing services to, or representation of, students of tertiary education institutions.
(b) The positions of professional, administrative, clerical, computing and technical staff employed by the Australian National University or the University of Canberra, not including tradespersons or, at the University of Canberra, nurses; but including the following occupations howsoever named:
and the following classes of work (howsoever named):
Supervisor (but not supervisory in relation to food or liquor catering)
(c) The positions of employees in professional, administrative, clerical and technical (except trades up to and including the level of leading hand) occupations employed wholly or substantially in the higher education industry or in or in connexion with the provision of other educational programmes, by the University of Melbourne, La Trobe University, the Victorian College of Agriculture and Horticulture Limited, Ballarat University College, Deakin University, Swinburne University of Technology, La Trobe University College of Northern Victoria, Victoria University of Technology, Victorian College of Pharmacy, Hawthorn Institute of Education Limited, Victorian College of the Arts, the Royal Melbourne Institute of Technology and the Australian Catholic University in the State of Victoria and in the Australian Capital Territory.
(d) Positions of employees in professional, administrative, clerical and technical occupations (excluding trades, but including Attendant-Building, Parking Attendant, Engineering Services Officer and Plant Technician) employed wholly or substantially in the higher education industry or in or in connexion with the provision of other educational programmes, by Monash University.
(e) Positions of employees employed by the Adelaide University Union Bookshop Pty Ltd., and the positions of employees of the University of Adelaide employed wholly or substantially in the higher education industry or in or in connexion with the provision of other educational programmes.
(f) The positions of all professional, administrative, clerical, computing and technical staff employed by associations of staff (or branches of such associations) of universities and Colleges of Advanced Education in Victoria (other than, subject to sub-rule 6.2.(g) of this Rule, Deakin University, La Trobe University, Monash University, the University of Melbourne and the Victoria University of Technology), which associations (incorporated or unincorporated) are established in connexion with such universities or Colleges of Advanced Education or any one or more of them.
(g) The positions of keyboard, secretarial clerical, administrative, technical, and professional staff employed by the Howard Florey Institute, the Walter and Eliza Hall Institute, the Baker Institute, the Ludwig Institute and the Murdoch Institute.
(h) The positions of all keyboard, secretarial, clerical, administrative, technical, and professional staff employed in Colleges of Technical and Further Education in the State of Victoria except the positions of:
(ii) all classes of employees engaged in childcare work including Mothercraft Nurses
(i) The positions of all keyboard, secretarial, clerical, administrative, technical, and professional staff:
(i) employed in Victoria by the Council of Adult Education; or
(ii) employed in Victoria by a non-profit, community-based provider of adult, continuing or further education which provider's primary or exclusive business is the provision of adult, continuing or further education
(iii) the Director of the Council of Adult Education;
(iv) the positions of persons eligible to be members of the Australian Social Welfare Union;
(j) The positions of persons employed in Victoria by a non-profit provider of adult, continuing or further education in the following occupations:
(i) adult literacy and basic education co-ordinator (howsoever named), being an employee who organises for adults the provision of courses of study towards the completion of certified education at the secondary level of education and/or the provision of literacy or numeracy education including courses in English as second language; or
(ii) further education short-course co-ordinator (howsoever named) being an employee who organises for adults the provision of courses of study for the purposes of skill development, recreation or personal development;
(iii) the Director of the Council of Adult Education;
(iv) the positions of persons eligible to be members of the Australian Social Welfare Union;
(k) The positions of Reader Services Librarian, Technical Services Librarian, Computer Centre Manager and Counsellor who are paid on academic salary scales at the Australian Maritime College; and positions occupied by persons as at 1 June 1993 who are paid on academic salary scales:
(i) In Colleges of Advanced Education in Queensland: Principal Librarian, Counsellor and Computer Manager;
(ii) In Colleges of Advanced Education in Tasmania other than the Australian Maritime College: Reader Services Librarian, Technical Services Librarian, Computer Centre Manager and Counsellor;
(iii) In Colleges of Advanced Education in Western Australia: Principal Librarian, Senior Librarian and Counsellor;
(iv) In Colleges of Advanced Education in the Australian Capital Territory: Registrar, College Secretary, Librarian and Counsellor.
(ii) Murdoch University: Veterinary Resident, Senior Education Officer, Education Officer, Assistant Education Officer, Research Assistant (where there is an academic nexus and status) Research Officer (where there is an academic salary nexus and status);
(iv) University of Tasmania (Hobart Campus): Business Manager (only persons employed in such position(s) as at 1 June 1993 and only while the occupant(s) of the position(s) retains an academic salary nexus) Senior Administrative Officer (only persons employed in such position(s) as at 1 June 1993 and only while the occupant(s) of the position(s) retain an academic salary nexus) Library Staff (while the occupants of the positions retain an academic salary nexus);
(v) University of Western Australia: Curator of the Anthropology Museum.
(vi) The positions of any persons employed by the University of Western Australia who have an academic salary nexus and academic status.
(vii) University of Western Australia: Director - Student Health Service, Deputy Registrar, Director - Media Services, Director - University Extension, Senior Extension Officer, Extension Officer. Provided that, subject to sub-rule 6.2.(l)(vi) of this Rule, only such persons who occupied one of these positions on 28 May 1985 shall be eligible for membership.
(m) (i) The General Secretary of the Federated Australian University Staff Association, the General Secretary of the Union of Australian College Academics, the Secretary of the Union of Australian College Academics (Victorian Branch), and the Secretary of the Union of Australian College Academics (South Australian Branch), as at the date of amalgamation of the Federated Australian University Staff Association, the Union of Australian College Academics, the Australian Colleges and Universities Staff Association, the Australian National University Administrative and Allied Officers Association and the University of Adelaide General Staff Association.
(ii) The Secretary of the Australian Colleges and Universities Staff Association, as at the date of the amalgamation of the Federated Australian University Staff Association, the Union of Australian College Academics, the Australian Colleges and Universities Staff Association, the Australian National University
Administrative and Allied Officers Association and the University of Adelaide General Staff Association.
(n) The positions of professional, administrative, computing and clerical (but not technical or trades) staff employed by the Northern Territory University.
6.3 All members of the Union shall be entitled to retain their membership status in the event that they become employees of the Union.
6.4 Notwithstanding anything contained in this Rule, persons who are, as at the date of registration of the National Tertiary Education Industry Union, members of the Australian Colleges and Universities Staff Association and who are employees of the Federated Australian University Staff Association, the Union of Australian College Academics, the Australian National University Administrative and Allied Officers Association or the University of Adelaide General Staff Association shall be eligible for membership of the Union.
6.5 Notwithstanding sub-rules 6.1, 6.2, 6.3 and 6.4 of this rule, the following persons shall not be eligible for membership of the Union:
(a) Persons engaged in any clerical capacity and/or engaged in the occupation of shorthand writers and typists and/or on calculating, billing or other machines designed to perform or assist in performing any clerical work whatsoever in any Institution located outside Victoria, South Australia and the Australian Capital Territory.
(b) If the position of Assistant Vice-Chancellor of the Australian National University becomes a statutory office under the Australian National University Act 1946, the occupant of that position.
(c) A person employed by the Australian National University who was eligible as at 24 August 1972 for membership of The Federated Miscellaneous Workers' Union of Australia.
(d) Persons employed by the Australian National University who were eligible for membership of the Technical Service Guild of Australia as at 21 December 1976 and who are engaged for the majority of their time in servicing, repairing, maintaining, structurally altering and/or assembling business equipment, unless they were members of the Australian National University Administrative and Allied Officers Association at 21 December 1976 and wish to remain members of the Union.
(e) A person employed by the Australian National University who was eligible as at 21 December 1976 for membership of the Printing and Kindred Industries Union.
(f) Persons employed as teacher, principal teacher, tutor or Associate Director/Head of School (howsoever called) in Technical and Further Education Colleges (howsoever called) in Queensland.
(g) Persons employed in any non-academic capacity in any Technical and Further Education Colleges (howsoever called) other than in Victoria.
(h) Persons who would be eligible only by virtue of the reference to:
Supervisor, Senior Supervisor, Director of Division, Co-ordinator, Deputy Director of School, Director of Department, Deputy Director of Department, Deputy Head of Department, Deputy Head of Courses and Planning, Deputy Director of Division, Deputy Co-ordinator; in Sub-rules 6.1(d) and (e), and are eligible for membership of the State Public Services Federation.
(i) Persons employed by Curtin University, Edith Cowan University, University of South Australia, University of Western Sydney, University of Technology Sydney, Charles Sturt University, Australian Catholic University (New South Wales and Queensland campuses), University of Tasmania (Launceston campus), University of Southern Queensland, University of Central Queensland and the Queensland University of Technology who would be eligible for membership of the Union only by virtue of Sub-rules 6.1(g), (h), (i), (j), (k) or (l); except persons who were members of the Federated Australian University Staff Association as at 1 June 1993.
6.6 The definition of institution as used in Rule 4.6 shall not be used to interpret this eligibility rule. No person shall be eligible for membership except by virtue of this rule.
6.7 Without prejudice to the generality of sub-rules 6.1, 6.2 and 6.3, membership of the union shall be open to persons in the following positions:
(a) The positions of Professional, Administrative, Clerical and Technical Staff (including academic) employed by the Open Learning Agency of Australia and the International Development Program of Australian Universities and Colleges Limited , or any body established to carry on the business of either of them, in Victoria, South Australia and the Australian Capital Territory;
(b) The positions of Professional, Administrative, Clerical and Technical Staff (including academic) employed by the Royal College of General Practitioners or any body established to carry on the business of that organisation.
6.8 (a) In this Rule, the term "employed" shall include engagement as an independent contractor, where such engagement is a contract for services and relates to performance of work by the independent contractor.
(b) In this Rule, the terms "staff", "employee" and "employees" shall include persons engaged as independent contractors as described in (a) above.
(c) A person who is qualified to be employed in, and is seeking to be employed in, an occupation which would make that person eligible for membership of the union shall also be eligible for membership.
(d) Nothing in this sub-rule shall have the effect of limiting the scope or effect of this rule.
6.9 (a) Persons employed by any higher education institution, or employed in connection with higher education or associated research, shall be eligible for membership of the Union.
(b) Neither the generality nor the effect of (a) above is limited in any way by anything in Sub-Rules 6.1, 6.2, 6.3, 6.4, 6.5, 6.6 or 6.7.
(c) Nothing in Part (a) of this Sub-Rule shall make any of the following eligible for membership of the Union:
(i) any person employed by any contractor engaged by or on behalf of, any higher education institution to perform any cleaning, security, parking, child care, catering, or building services and/or building maintenance services; or
(ii) any person employed by associations of students or students and others whether incorporated or not, which exist primarily or exclusively for the purposes of providing services to, or representation of, students of higher education institutions in catering, cleaning, security, gardening, and child care or as parking attendants, caretakers and handypersons and in trades up to and including the level of leading hands, and as health fitness and leisure instructors and attendants (other than in managerial positions);
(iii) any medical practitioner in respect of their employment by hospitals or by other employers whose primary or exclusive business is the provision of direct medical services to patients.
Consent was granted in part to the NTEU's application, with Rule 6.2(a) replaced by the amended wording set out at [9], effective 8 July 2002.