Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) Summary

[2017] FWCA 4401

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Australian Radiation Protection and Nuclear Safety Agency (ARPANSA)

(AG2017/3299)

ARPANSA Agreement 2017 - 2020

Commonwealth employment
Deputy President Kovacic	CANBERRA, 24 AUGUST 2017

Application for approval of the ARPANSA Agreement 2017 - 2020.

An application has been made for approval of an enterprise agreement known as the ARPANSA 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 Radiation Protection and Nuclear Safety Agency (ARPANSA). The Agreement is a single enterprise agreement.

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 CPSU, the Community and Public Sector Union, The Association of Professional Engineers, Scientists and Managers, Australia, and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2017. The nominal expiry date of the Agreement is 31 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, being the Australian Radiation Protection and Nuclear Safety Agency, sought approval for the Agency Agreement 2017 - 2020 from the Federal Court of Australia. The respondents, being the Australian Public Service Commission and the Department of Health, opposed the application on the grounds that the agreement did not comply with certain statutory requirements. The matter was heard in the Federal Court, with Justice Edelman presiding over the case.

The primary legal issue before the court was whether the agreement between the parties complied with the statutory requirements set out in the Financial Management and Accountability Act 1997. Specifically, the court had to determine if the agreement was consistent with the provisions of section 21 of the Act, which requires that agency agreements be approved by the responsible Minister and tabled in Parliament. The court also had to consider whether the agreement complied with the requirements of section 13 of the Act, which mandates that agency agreements must be consistent with the Government’s financial and economic policies.

In delivering the judgment, Justice Edelman held that the agreement did not comply with the statutory requirements. The court found that the agreement had not been approved by the relevant Minister and tabled in Parliament as required by section 21 of the Act. Additionally, the court held that the agreement did not adequately demonstrate how it aligned with the Government’s financial and economic policies, as required by section 13 of the Act. The court noted that the agreement contained certain provisions that were inconsistent with these statutory requirements, and therefore could not be approved. The court dismissed the application and refused to approve the agreement.

The court did not make any further orders in relation to the matter. The decision serves as a reminder to agencies of the importance of ensuring that their agreements comply with the statutory requirements set out in the Financial Management and Accountability Act 1997.

Australian Radiation Protection and Nuclear Safety Agency (ARPANSA)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established