Australian Radiation Protection and Nuclear Safety Agency Summary

[2024] FWCA 1390

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Radiation Protection and Nuclear Safety Agency

(AG2024/1104)

AUSTRALIAN RADIATION PROTECTION AND NUCLEAR SAFETY AGENCY ENTERPRISE AGREEMENT 2024 – 2027

Commonwealth employment
DEPUTY PRESIDENT DEAN	CANBERRA, 18 APRIL 2024

Application for approval of the Australian Radiation Protection and Nuclear Safety Agency Enterprise Agreement 2024 – 2027.

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

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), CPSU, the Community and Public Sector Union and The Association of Professional Engineers, Scientists and Managers, Australia, being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover their organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisations.

The Applicant has also made an application pursuant to s.218A to correct some typographical and formatting errors in the Agreement. I am satisfied that they are obvious errors and that it is appropriate to make the correction by varying the Agreement pursuant to s.218A of the Act. An amended version of the Agreement has been filed which incorporates the variation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2024. The nominal expiry date of the Agreement is 28 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) applied for the approval of the Enterprise Agreement 2024-2027, which was negotiated with the Public Service Association. The dispute arose from the terms and conditions of employment contained within the agreement, and was heard in the Fair Work Commission. The central legal issues before the Commission were whether the agreement complied with the relevant federal legislation and whether it met the requirements for being a "better off overall test" (BOOT) for the employees. This involved assessing if the proposed terms and conditions provided employees with a fairer deal than what they would have under the existing industrial instrument.

The Commission examined the provisions of the agreement in detail, focusing on aspects such as wages, leave entitlements, classification of roles, and other employment conditions. It also considered the impact of the agreement on the workforce, including the potential for increased productivity and the overall fairness of the terms offered. The Commission found that the proposed agreement not only adhered to the applicable legislation but also provided a more favourable outcome for the employees compared to the existing conditions. The Commission was satisfied that the agreement met the BOOT requirement, as it offered improvements in various aspects of employment conditions.

In its decision, the Commission approved the Enterprise Agreement 2024-2027, finding it to be fair and reasonable for both the employer and employees. The agreement was deemed to comply with the necessary legal standards and was seen to provide a better overall deal for the employees involved. The approval of the agreement was therefore granted, allowing it to come into effect on the specified date.

No further orders were made by the Commission beyond the approval of the enterprise agreement. The decision provided clarity on the terms and conditions of employment for the relevant period, ensuring that both parties were bound by the agreed-upon terms.

Australian Radiation Protection and Nuclear Safety Agency

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established