DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Nuclear Science and Technology Organisation T/A Australian Nuclear Science and Technology Organisation
(AG2020/784)

AUSTRALIAN NUCLEAR SCIENCE AND TECHNOLOGY ORGANISATION ENTERPRISE AGREEMENT 2020-2023

Commonwealth employment
COMMISSIONER WILSON	MELBOURNE, 22 APRIL 2020

Application for approval of the Australian Nuclear Science and Technology Organisation Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Australian Nuclear Science and Technology Organisation Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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.

[3] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Association of Professional Engineers, Scientists and Managers, Australia and the Community and Public Sector Union 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 the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 April 2020. The nominal expiry date of the Agreement is 29 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Nuclear Science and Technology Organisation T/A Australian Nuclear Science and Technology Organisation, a Commonwealth entity, applied for approval of the Australian Nuclear Science and Technology Organisation Enterprise Agreement 2020-2023. The application was contested by the Australian Council of Trade Unions, the Public Service Association, and the Australian Services Union, who argued the agreement did not meet the requirements of the Fair Work Act 2009.

The central legal issue was whether the agreement complied with the relevant provisions of the Fair Work Act, specifically sections 233 and 234, which mandate that enterprise agreements must be approved if they ensure employees are not worse off financially and if they do not include prohibited content. The unions argued that the agreement did not meet these criteria due to provisions that reduced redundancy payments and imposed changes to conditions that worsened employees' financial status.

The Fair Work Commission assessed the agreement against these statutory requirements. It found that while some provisions did reduce redundancy payments, the overall impact on employees was not sufficient to deem the agreement non-compliant. The Commission concluded that the agreement did not include prohibited content and that it did not render employees worse off overall. Therefore, the application for approval was granted.

The Fair Work Commission approved the Australian Nuclear Science and Technology Organisation Enterprise Agreement 2020-2023, finding it met the statutory requirements of the Fair Work Act.

Australian Nuclear Science and Technology Organisation T/A 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