Australian Nuclear Science And Technology Organisation

[2024] FWCA 1932

[2024] FWCA 1932

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Nuclear Science And Technology Organisation

(AG2024/1658)

AUSTRALIAN NUCLEAR SCIENCE AND TECHNOLOGY ORGANISATION ENTERPRISE AGREEMENT 2024 – 2027

Scientific services
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 MAY 2024

Application for approval of the Australian Nuclear Science and Technology Organisation Enterprise Agreement 2024-2027.

1. An application has been made for approval of an enterprise agreement known as the Australian Nuclear Science and Technology Organisation Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Nuclear Science and Technology Organisation. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 5 September 2023 and the Agreement was made on 2 May 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. I note that clause 6.31 may be inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 1.11 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

1. The notice of employee representational rights (NERR) provided to employees was based on an old version of the NERR template. I am satisfied that in all of the circumstances and having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(5) of the Act. Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Association of Professional Engineers, Scientists and Managers, Australia, the Community and Public Sector Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2024. The nominal expiry date of the Agreement is 28 April 2027.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318.

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