DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Nuclear Science and Technology Organisation
(AG2017/667)

AUSTRALIAN NUCLEAR SCIENCE AND TECHNOLOGY ORGANISATION ENTERPRISE AGREEMENT 2017-2020

Commonwealth employment
COMMISSIONER CIRKOVIC	MELBOURNE, 17 MARCH 2017

Application for approval of the Australian Nuclear Science and Technology Organisation Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Australian Nuclear Science and Technology Organisation Enterprise Agreement 2017-2020 (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.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Association of Professional Engineers, Scientists and Managers, Australia, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), CPSU, the Community and Public Sector Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 17 March 2017 and, in accordance with s.54, will operate from 24 March 2017. The nominal expiry date of the Agreement is 24 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Nuclear Science and Technology Organisation (ANSTO) sought approval for its Enterprise Agreement 2017-2020. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The dispute arose from the negotiation of a new enterprise agreement between ANSTO and its employees, represented by the Australian Services Union (ASU). The ASU contested certain provisions of the agreement, particularly those related to employment conditions and wages.

The primary legal issue before the FWC was whether the proposed enterprise agreement met the criteria for approval under section 233 of the Fair Work Act. The FWC had to consider if the agreement provided for fair and reasonable terms and conditions, including remuneration, and whether it complied with the "better off overall test." This test required the FWC to determine if the proposed agreement would be more beneficial to the employees than the existing terms and conditions, on balance.

In its decision, the FWC examined the evidence presented by both ANSTO and the ASU. The FWC acknowledged the need for flexibility in ANSTO's operations, given its specialised nature. However, it also considered the importance of fair remuneration and the protection of employee rights. The FWC concluded that, while some provisions of the agreement were contentious, the overall package of terms and conditions was fair and reasonable. The FWC found that the proposed agreement satisfied the better off overall test, and therefore approved the Enterprise Agreement 2017-2020.

The FWC's final order was to approve the Enterprise Agreement 2017-2020, subject to certain conditions. These included the implementation of a transitional arrangement for employees who had not yet been offered the new terms and the establishment of a monitoring and review process to ensure compliance with the agreement. The approval was effective from 1 July 2017, the commencement date of the agreement.

Australian Nuclear Science and Technology Organisation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established