austlii:cth/FWCA/2026/43
General information, not legal advice.
FWCA
2026-01-09
Original judgment source is linked above.
s.185 - Enterprise agreement
The Australian National University Students' Association (Inc) Trading AS ANU Students Association
THE AUSTRALIAN NATIONAL UNIVERSITY STUDENTS' ASSOCIATION ENTERPRISE AGREEMENT 2024-2027
Application for approval of the Australian National University Students' Association Enterprise Agreement 2024-2027
[1] The Australian National University Students' Association trading as ANU Students Association (the Employer) has made an application for approval of an enterprise agreement known as the Australian National University Students' Association Enterprise Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
[2] The Agreement will apply to employees who are covered by the Higher Education Industry General Staff Award 2020 (Award)
Provision of Notice of Employee Representational Rights (NERR)
[3] The NERR refers to the Agreement as 'The Australian National University Students' Association Enterprise Agreement 2023', whereas clause 1.1 refers to the Agreement as 'The Australian National University Students' Association Enterprise Agreement 2024-2027'.
[4] Pursuant to s.188(5) of the Act, I am satisfied that this was a minor procedural error and that employees were not likely to have been disadvantaged by the error.
[5] The Agreement does not define a shift worker for the purposes of the additional week of annual leave provided by the NES. Clause 2 of the Award defines a 'seven day shiftworker' as an employee 'who is regularly rostered to work on Sundays and public holidays in an institution in which shifts are continuously rostered 24 hours a day, 7 days a week'.
[6] The Employer provided written undertakings to address the above issue. 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. The undertakings are taken to be a term of the Agreement.
[7] 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.
[8] The National Tertiary Education Industry Union (NTEU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it
[9] In accordance with s.201(2), I note that the Agreement covers the NTEU.
[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2026. The nominal expiry date of the Agreement is 30 June 2027.

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