Australian National University Enterprise Agreement 2005-2008

Part One — Operation of Agreement

5. Application

5.1 The parties to this Agreement are:

5.1(a) The Australian National University (the University);

5.1(b) the Australian Liquor, Hospitality & Miscellaneous Workers Union (the LHMU);

5.1(c) the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (the AMWU);

5.1(d) the Health Services Union of Australia (the HSUA); and

5.1(e) the National Tertiary Education Industry Union (the NTEU).

5.2 This Agreement applies to any person employed by the University at any time when the Agreement is in operation, except for any person employed under the Entertainment and Broadcasting - Live Theatre and Concert Award 1998 or the Entertainment and Broadcasting Industry - Theatre Manager's - Live Theatre Award 1998 .

5.3 Exclusion of senior management positions from certain employment conditions

5.3.1 For the purposes of this Agreement, 'senior management position' means one of the following positions howsoever titled, retitled or restructured from time to time:

5.3.1(a) the Vice-Chancellor, Deputy Vice-Chancellor, Pro Vice-Chancellor (Academic), Pro Vice-Chancellor (Administration), Chair of the Board of The Faculties, Chair of the Board of the Institute of Advanced Studies and any other appointee to the senior management structure of the University as determined by Council from time to time;

5.3.1(b) a head, howsoever titled, of a research school or other body of the Institute of Advanced Studies, as determined by Council from time to time in accordance with section 7 of The Australian National University Act 1991;

5.3.1(c) a Dean of a faculty of The Faculties, the Director of the Canberra School of Art and the Director of the Canberra School of Music;

5.3.1(d) a head, howsoever titled, of a centre determined by the Council of the University to be a University Centre;

5.3.1(e) a head, howsoever titled, of a hall of residence; and

5.3.1(f) a head of an administrative Division or Cognate area of the University Director, Facilities and Services, the Director, Financial and Business Services, the Director, Human Resources, the Director, IT Services, the Librarian, the Director, Planning and Policy Coordination, the Director, Marketing and Communciations Division, the Director, Student and Academic Services, and the Director, Student Recruitment and International Education, howsoever retitled or restructured from time to time, and the occupant of the headship of any administrative unit, academic support unit or teaching and/or research centre which, during the life of this Agreement, is determined by the Council or delegate to be of equivalent seniority to the specified positions;

provided that at the date of entering into the contract of employment with the University during the life of this Agreement, the occupant of such a general staff position receives a salary of not less than $108,006.00 and the occupant of such an academic staff position receives a salary of not less than $125,397.00. These amounts, effective from date of certification, will be indexed to the general rate of salary increases in this Agreement.

5.3.2 Clauses 18, 20, 23, 24, 45, 61, 62, 63, 66, 67, 69, 73, 74, 75 and 76 of this Agreement will not apply to a staff member entering into a contract of employment after 13 October 2000 for employment in a senior management position as defined in sub-clause 5.3.1. The University and the appointee to a senior management position will be bound in regard to the matters contained in those clauses by the provisions of the employment contract between them. Where the employment contract of a staff member so appointed provides the right of reversion to a substantive position within the University, the provisions of clauses 61, 62, 63, 67, 69, 73, 74, 75 and 76 will apply following exercise of that right by the staff member.

5.4 The University may offer Australian Workplace Agreements in accordance with the Workplace Relations Act 1996.

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