The author would like to thank Sophie Power, Graham
Rayner, Leo Terpstra, David Watt and Derek Woolner for their valuable
assistance in the preparation of this Research Paper.
Chronology
- The 2009 Defence White Paper (DWP) and the Defence Capability
Plan 2009 were the first public government policy documents to feature the
Future Submarine Program (FSP), known as Project SEA 1000.[1]
- The 2009 (Rudd), 2013 (Gillard) and 2016 (Turnbull) defence white
papers confirmed each government’s position to acquire 12 Future Submarines for
the Royal Australian Navy (RAN).[2]
- At the release of the 2013 DWP the Gillard Government announced
its decision to use the United States Navy’s ‘AN/BYG-1 combat system as the
reference system for future design work’ on Australia’s Future Submarines.[3]
- In February 2015 the Abbott Government announced that a
Competitive Evaluation Process (CEP) would be undertaken as part of the Future
Submarine acquisition strategy. The CEP involved France (DCNS), Germany (ThyssenKrupp
Marine Systems—TKMS) and the Government of Japan as potential international
design partners.[4]
- The 2016 DWP verified the Future Submarine Program (FSP) would be
a rolling acquisition program.[5]
-
On 26 April 2016 Prime Minister Malcolm Turnbull announced DCNS
(now Naval Group) from France as the preferred international design partner for
Australia’s FSP. The successful design is the Shortfin Barracuda Block 1A
conventional submarine, which is based on the French Barracuda nuclear powered
submarine.[6]
- As of December 2019 the FSP was in the Preliminary Design
Definition phase.[7]
- The Design and Mobilisation Contract was signed between the
Commonwealth and Naval Group on 30 September 2016, which included the
construction of Adelaide’s Osborne North submarine facility.[8]
- On 30 September 2016 the Government also announced Lockheed
Martin as the successful tenderer, following a limited tender process, to
integrate the combat system with the Future Submarines. The initial
mobilisation contract was signed in November 2016, which commenced the
‘preparatory and initial design work’ and the Combat System Design, Build and
Integration contract was signed on 25 January 2018.[9]
- Negotiations on the Strategic Partnering
Agreement (SPA) commenced in November 2017 between the Commonwealth and Naval
Group.[10]
Following lengthy negotiations, the SPA was signed on
11 February 2019.[11]
- The first program contract (under the SPA) was signed
in early March 2019 between the Commonwealth and Naval Group for the submarine design. The contract is worth $605 million
and covers work through to 2021.[12]
- The acquisition cost of the 12 Future Submarines is estimated at
over $50 billion in constant dollars and around $80 billion in out-turned
dollars. The sustainment costs for the life of the program out to 2080 are
roughly estimated at more than $50 billion in constant dollars and $145 billion
in out-turned dollars.[13]
- Construction of the first Future Submarine is expected to
commence in 2022–23 and is scheduled to enter service around 2032–33.[14]
Introduction
The Future Submarine Program (FSP) will span decades and
decisions that are made today will affect generations to come. If the program
is to ultimately succeed in providing the Royal Australian Navy (RAN) with a
reliable, operationally effective and safe capability, it will require
continued political support for managing the significant costs and risks
associated with such a long-term enterprise. This in turn requires the Parliament
to be informed. As such, the aim of this paper is to document some of the key
decision points and incorporate relevant information about the FSP that is
useful to the Parliament.
The focus of this paper is to provide a chronology of events
and a compilation of topics that may be raised in Parliament, including
capability requirements, acquisition processes, key agreements and contracts,
the practical application of decisions around facilities and infrastructure,
costs, schedules and future decision points. It does not address the merits of
the competing platforms or the number of submarines required.
This paper also provides an update to the Parliamentary
Library’s 2012 publication Australia’s
Future Submarines, given so much has changed since then. At that time,
there was a sense of urgency surrounding the decision making process for the
FSP.[15]
Commentators and industry experts warned of an impending capability gap
affecting the RAN’s submarine fleet if a decision was not made soon.[16]
These fears were somewhat allayed in December 2012 when the outcome of a study
by Defence assessed that the ‘theoretical life’ of the existing Collins class
submarines (CCSM) could be extended. According to the then Minister for
Defence, Stephen Smith, the study concluded:
... there is no single technical issue that would fundamentally
prevent the Collins class submarines from achieving their theoretical platform
life, their planned withdrawal dates, or a service life extension of one
operating cycle for the fleet, which is currently around seven years, excluding
full cycle docking periods. As well, under the Coles Review into Submarine
Sustainment, improved management of the Collins class is expected to extend the
operating cycle.[17]
This assessment was accepted by the Gillard Government,
effectively giving decision-makers some wriggle room.[18]
On 26 April 2016 Prime Minister Malcolm Turnbull announced DCNS
(Direction des Constructions Navales Services—now Naval Group)[19] from France as the
preferred international design partner for Australia’s FSP.[20] The successful design is
Naval Group’s Shortfin Barracuda Block 1A conventional submarine, which is
based on the French Barracuda nuclear powered submarine design.[21]
On 30 September 2016 a contract worth in the order of
$450–500 million was signed between the Australian Government and Naval Group
for the ‘design and mobilisation’ of Australia’s 12 Future Submarines.[22] This includes
the construction of Adelaide’s Osborne North submarine facility for this
purpose.[23]
The Turnbull Government also announced Lockheed Martin as the successful tenderer,
following a limited tender process, for the combat system integrator contract,
worth around $1.4 billion over the life of the project.[24]
The 2016 DWP explained the decision to replace the RAN’s
existing fleet of six CCSMs with 12 future submarines, noting that
approximately ‘half of the world’s submarines will be operating in the
Indo-Pacific region’ by 2035.[25]
The decision to acquire 12 Future Submarines was developed as part of the white
paper preparations under the Force Structure Review (FSR).[26] An FSR process is typically
conducted by the Department of Defence in the development of a new White Paper
but is not a public document. However, the key elements of an FSR are integral
to a new White Paper.[27]
These elements include an assessment of ‘Defence’s future capability needs’ and
the force structure needed ‘to achieve Australia’s defence objectives’.[28]
The Government’s long awaited Naval Shipbuilding Plan was
released on 16 May 2017 (it was originally intended for release in 2016) and
was expected to contain further details about the FSP.[29] However, the Plan mostly
confirmed details already released in the 2016 DWP; notably that the program
will be a ‘rolling acquisition’ rather than a ‘continuous build’ program (which
is discussed further under the ‘construction process’ section) and the first
submarine is likely to begin construction in 2022–23 and ‘enter service in the
early 2030s’.[30]
The Government promised to ‘review the Plan and provide regular updates on its
implementation, including through national security statements and naval
shipbuilding updates to the Parliament’.[31]
In December 2018 the Morrison Government announced that
negotiations between the Commonwealth and Naval Group on the Strategic Partnership
Agreement (SPA) had concluded, although the agreement was not yet signed. This
announcement coincided with the news that the Future Submarines would be called
the Attack class, with the first boat named HMAS Attack.[32] As an aside, the name seems
to be a break with the RAN’s convention for naming RAN vessels with ‘a uniquely
Australian connection’, such as bestowing names of World
War II naval personalities on the CCSMs.[33]
While this is not the first time Attack has been used to name RAN vessels, with
the Attack class patrol boats commissioned into service from 1967, each of the
vessels was named after a town or river in Australia.[34]
The SPA between the Commonwealth and Naval Group was eventually
signed on 11 February 2019 (contractual arrangements are discussed
further below).[35]
Capability
requirements
Over the last decade, the capability requirements under each
government have changed very little, despite rapid technological advancements
and regional capability developments.
Table 1 highlights the key capability requirements identified
in the last three DWPs, showing the number of required submarines has remained
consistent and capability requirements relatively similar. Notably, the
Australian Labor Party’s 2009 (Rudd) and 2013 (Gillard) DWPs explicitly ruled
out nuclear propulsion and stated the submarines would be ‘assembled in South
Australia’. The 2016 DWP made no specific assertion on either issue.
Table 1: Future Submarine capability requirements
2009 Defence White Paper[36]
|
2013 Defence White Paper[37]
|
2016 Defence White Paper[38]
|
12 conventional submarines (specifically rules out nuclear
propulsion)
Assembled in South Australia
Close cooperation with the US on developing undersea
warfare capabilities
Greater range and endurance than the CCSM
A build program ‘designed to provide the Government with
the option to continue building additional submarines in the 2030s and beyond
...’
Main capabilities include anti-ship and anti-submarine
warfare, mine laying and mine detection, strategic strike, collection of intelligence,
support to Special Forces, supporting ongoing operations
Equipped with real-time communications
Ability to carry different mission payloads such as
Uninhabited Underwater Vehicles (UUVs)
|
12 conventional submarines (specifically rules out nuclear
propulsion)
Assembled in South Australia
Continue to closely cooperate with the US on developing
undersea warfare capabilities
Further work to continue on a new Submarine Propulsion
Energy Support and Integration Facility in Australia
Consideration of two (not four as previously announced)
design options: an ‘evolved Collins’ and a new design[39]
Noted the potential to extend the operational service life
of the Collins class submarine by one full operating cycle
The Future
submarine industry skills plan was released at the same time as the
white paper and focused a rolling build program[40]
|
12 ‘regionally superior’ conventional submarines
Maximise Australian industry involvement
High level of ‘interoperability with the United States’
Similar range and endurance to the CCSMs
Rolling acquisition program that will allow a technology
review, sometime in the late 2020s to consider developments and other
specifications that might be needed
Key capabilities include intelligence, surveillance and
reconnaissance (ISR), anti-ship and anti-submarine warfare and support for
Special Forces operations
Upgraded version of the AN/BYG-1 combat system and Mark 48
MOD 7 heavyweight torpedo
Equipped with ‘advanced communications systems to link
with other Navy ships and aircraft’
|
Sources: Defending Australia in the Asia Pacific century: Force
2030, Defence White Paper 2013 and 2016 Defence White Paper.
Competitive evaluation process
The Abbott Government’s decision to undertake a competitive
evaluation process (CEP) was not announced with much fanfare or initial detail,
which led to some confusion.
On 8 February 2015 during a media interview, Prime Minister
Tony Abbott stated that an open tender on the future submarine contract was not
an option as the government ‘always intended to have ... a competitive evaluation
process’.[41]
The next day, during a press conference, Prime Minister Abbott reiterated the Government’s
position that a CEP would be ‘the best possible deal for Australia’.[42] He mentioned
that it was ‘maybe even likely, that there will be an international partner ... We
are talking, not just to the Japanese, although we certainly are talking to
them, we’re talking to the French, we’re talking to the Germans—that’s what you
would expect’.[43]
On 20 February 2015 the details of the CEP became clearer.
Defence Minister Kevin Andrews announced the acquisition strategy for the FSP,
identifying France, Germany and Japan as potential international design
partners.[44]
Sweden, the designer of the RAN’s Collins class submarines, was excluded from
the CEP due, according to Defence, to ‘the absence of an ongoing design and
build capacity’.[45]
The CEP was expected to take around ten months.[46]
The proposals from Naval Group (France), ThyssenKrupp Marine
Systems (TKMS) (Germany), and the Government of Japan, were to include:
a) Pre-concept designs based on
meeting Australian capability criteria;
b) Options for design and build
overseas, in Australia, and/or a hybrid approach;
c) Rough order of magnitude (ROM)
costs and schedule for each option; and
d) Positions on key commercial issues,
for example intellectual property rights and the ability to use and disclose
technical data.
In addition
to this – and on the advice of Defence – the Government has endorsed a set of
key strategic requirements for our future submarines:
a) Range
and endurance similar to the Collins class submarine;
b) Sensor
performance and stealth characteristics that are superior to the Collins class
submarine; and
c) The
combat system and heavyweight torpedo jointly developed between the United
States and Australia as the preferred combat system and main armament.[47]
These capability requirements were later mirrored in the 2016
DWP (noted in Table 1).
The Opposition criticised the Government’s handling of the
process, arguing the ‘competitive evaluation process term that has emerged in
the last several days is just simply unknown to the defence industry’.[48]
However, former head of the Defence Materiel Organisation,
Warren King, noted to a Senate Committee, Defence ‘rarely open-tender for
Defence products. There are a range of reasons for that, not the least of which
is strategic relationships and interoperability’.[49]
King also noted that a number of organisations that Defence buys from ‘do not
respond to tenders. Series of governments, over many years, have made decisions
to buy without that tender process’. An example of this includes the
acquisition of the C-17 Globemaster aircraft from the US under a Foreign
Military Sales scheme.[50]
King went on to explain:
On occasions where it is necessary to get information and
data for the government of the day we have used a process of competitive
evaluation. By that we mean using the available tools to get responses to items
such as cost, capability, schedule and risk when a tender process would not
generate those answers. The government of America, for example, would not
respond to an open tender. A company could, but not the government.[51]
King noted the acquisition of the MH-60R helicopters as an
example of the use of a CEP by Defence.[52]
In 2011, the Gillard Government conducted a ‘competitive acquisition process’
to decide on the RAN’s new combat helicopters.[53]
The 15-month long competitive acquisition process involved Sikorsky/Lockheed
Martin’s MH-60R and NATO Helicopter Industries NH90 NFH, which resulted in the
MH-60R being purchased from the US under a Foreign Military Sales arrangement.[54]
Nonetheless, the Senate inquiry into Australia’s naval
shipbuilding industry highlighted, in its third report, that initial reference
to the CEP ‘generated much confusion about what such a process would entail’
and therefore many interested parties sought a working definition.[55] The Committee
expressed concern that the CEP would fall ‘short of a truly rigorous
procurement process for the largest and most complex defence program in
Australia’s history’.[56]
However, one month prior to the release of the Committee’s third report, the Government
established a panel to oversee the process.
CEP oversight: Expert Advisory Panel
On 5 June 2015 the Government established an Expert Advisory
Panel to ‘assure the Government that the competitive evaluation process remains
sound, is conducted in accordance with probity and accountability principles,
and that participants have been treated fairly and equitably’.[57] The Panel was expected to
‘report back at the conclusion of the process’ while also providing interim
reports to the Minister for Defence.[58]
The Government did not indicate whether any of these reports would be made
public.
Proposals from all three submarine designers were received
by the 30 November 2015 deadline and were still being assessed by Defence when
the 2016 DWP was released in February 2016.[59]
The Panel reported to government on 13 April 2016 and 13 days
later, Naval Group were announced as the successful international partner.[60] According to
the Australian National Audit Office (ANAO) report on the Future Submarine CEP
(ANAO CEP report), the Panel’s ‘unanimous’ advice to government concluded:
(a) the Competitive Evaluation Process itself was a sound and
appropriate process for the selection of an international partner for the SEA
1000 Future Submarine Program.
(b) The Competitive Evaluation Process was conducted in a
very sound and defensible manner, from both a probity and accountability
perspective.
(c) Each of the participants has been treated fairly and
equitably. This assessment is supported by a review of key metrics relating to
numbers of meetings held and person hours involved in interactive sessions with
participants, as well as person hours involved in the evaluation of Final
Proposals as part of the Competitive Evaluation Process. This assessment was
also confirmed by the participants.
(d) Each of the participants has been treated fairly and
equitably in accordance with any applicable Commonwealth legislative and policy
requirements (as advised by Defence).
(e) The
assessment contained in the Evaluation Report is defensible based on the
material received and reviewed by the Panel and traceable from the detailed
assessments and materials provided by the Evaluation Working Groups.[61]
Further details about the Panel’s advice to government do
not appear to be publicly available.
Oversight of the oversight panel
The ANAO CEP report was released in April 2017 and concluded
that ‘Defence effectively designed and implemented a competitive evaluation
process to select an international partner for the Future Submarine program’.
However, there were a couple of points of interest: the potential for
contractual issues to arise and the risks involved in selecting one design
partner instead of two.[62]
The latter point was again raised in the ANAO’s subsequent report on the FSP’s
transition to design (T2D report) where it was noted this ‘increased the risk
of this acquisition’.[63]
The ANAO CEP report noted the advice given to government by both
the Minister for Defence and Defence recommending Naval Group as the preferred
international partner was detailed and comprehensive. This advice also ‘clearly
identified the risks and caveats in proceeding with’ Naval Group, however,
Defence ‘was confident it could mitigate and resolve these issues through
further negotiation’ with Naval Group.[64]
It is possible that some of these risks and caveats concerned intellectual
property, cost and commercial issues,[65]
which were discussed during the lengthy SPA negotiations that were completed in
December 2018 (discussed further below under the ‘agreements and contracts’
section).[66]
Defence recommended the selection of one international
partner rather than two to undertake the design phase of the program. This was
based on Defence’s lack of ‘technical resources’ to manage two partners through
this phase. The ANAO CEP report remarked:
The
approach taken by Defence for the Future Submarine program removes competition
in the design phase, and removes incentives for the international partner
[Naval Group] to produce a more economical and efficient build. This places the
onus on Defence to ensure that its approach to the Future Submarine’s design
and build phases, where final costs and schedules will be determined, returns
value-for-money to the Commonwealth in the absence of a competitive process.[67]
Value for money can be difficult to achieve when there is
only one company involved.
Interestingly, the ANAO CEP report stated that CEP
participants addressed the competitive evaluation criteria based on eight
submarines, not 12. Defence advised ANAO that the reduction in number reflected
‘the Commonwealth’s fiscal position at the time the competitive evaluation
process was announced’.[68]
During the Abbott and Turnbull Governments there was much speculation about the
number of boats to be acquired under the FSP.[69]
The release of the 2016 DWP put an end to the speculation, confirming 12 boats.[70]
The total cost of the CEP was $30.1 million.[71]
Performance
audit of the design phase
The most recent ANAO report on the FSP—Future Submarine
Program – transition to design (T2D)—was released on 14 January 2020.[72]
The ANAO’s audit criteria assessed Defence’s administration of the program in
transitioning to the design phase, including whether planned design milestones were
being met; the effectiveness of expenditure to date; and whether the strategic
partnership is meeting the Government’s requirements.[73]
The report highlighted the oversight mechanisms for Defence during
negotiations on the SPA between the Commonwealth and Naval Group. These included
regular briefings to Defence’s Negotiation Reference Committee and submissions
to the independent Naval Shipbuilding Advisory Board (established in 2016)[74]
both of which reported to Government on the progress of negotiations.[75]
The ANAO T2D report stated the Board made a recommendation
to Government in September 2018 that alternatives should be examined if
successful negotiations were not achieved. Additionally, the ‘Board also
commented that Defence should assess whether program risks outweighed the
benefits of proceeding even if negotiations succeeded on the Strategic
Partnering Agreement’.[76]
In response, Defence assessed the viability of further extending the life of
the CCSM and whether this would allow enough time ‘to develop a new acquisition
strategy for the Future Submarine if necessary’.[77]
Defence advised the ANAO that consideration of these issues ‘was represented in
the advice to Government seeking approval to enter the Strategic Partnering
Agreement’.[78]
The report concluded that the formal arrangements are in
place for Defence to effectively manage the FSP through the SPA, but raised
concerns about the extension of ‘two key mandated design milestones’ and the
design phase experiencing a nine-month delay.[79]
Defence assured the ANAO that these issues have not delayed
construction activities and the delivery timeframe of the Attack class
submarines.[80]
Further details about the ANAO’s findings from this report are
interspersed throughout the paper in the relevant sections such as cost and schedule.
Future oversight
In April 2017, the ANAO flagged that the CEP audit was one
of a series of audits that will be conducted ‘to provide assurance on the
program’s progress’.[81]
To date, the FSP has been examined in three ANAO reports:
- Future
Submarine—Competitive Evaluation Process (27 April 2017)
- Naval
Construction Programs—Mobilisation (14 May 2018)
- Future
Submarine Program—Transition to Design (14 January 2020).
Future ANAO reporting on the FSP will be included in the
annual Major Projects Report (MPR), which is reviewed by the Joint Committee of
Public Accounts and Audit.[82]
The criteria for inclusion in the MPR was amended in September 2019 to allow
‘projects admitted one year after Second Pass Approval or projects at the
pre-Second Pass Approval stage that have spent >$500 million’.[83]
As such, SEA 1000 Phase 1B—Future Submarines Design Acquisition is expected to
feature in the 2019–20 MPR.[84]
The ANAO’s reports on the FSP to date provide some level of
confidence that oversight mechanisms are in place and a certain degree of
transparency is permitted. This is evident through the level of detail provided
by Defence to ANAO, based on the ANAO’s ability to access appropriate
information for audit purposes. As such, it should be expected that prospective
ANAO reports featuring the FSP will provide similar assurances of
accountability and transparency.
Yet, a precedent was recently set. The ANAO’s Army’s Protected
Mobility Vehicle—Light performance audit report had key findings omitted,
which was instigated by the Attorney-General under section 37(1) of the Auditor-General
Act 1997.[85]
Consequently, the Auditor-General warned that the:
... issuing of the certificate has resulted in the parliament
not being fully informed about the operation of government, because parliament
does not gain access to the unredacted report. There is a lack of
accountability mechanisms surrounding the decision taken by the executive to
issue a certificate. For example, there is limited transparency to parliament
regarding the executive’s substantive reasons for issuing a certificate.
...A precedent has been set, which if
repeated may affect parliament scrutiny of the executive by limiting the
Auditor-General’s independent reporting to parliament on the procurement and
sustainment activities of government entities, particularly, but not solely, in
the defence context.[86]
The Joint Committee of Public Accounts and Audit report of
its inquiry into the omission published its report in April 2019 expressed its
concern that ‘the application of section 37 as occurred in this instance
established a precedent that prevents future robust scrutiny of defence
acquisition or sustainment’.[87]
The Committee made four recommendations, including:
- an inquiry by the Committee into each instance where section 37
of the Auditor-General Act is used
- legislative amendments regarding timeframes for section 37
applications be considered either when section 37 is used next or the Auditor-General
Act is reviewed, whichever occurs first
-
issues raised by the Auditor-General be considered ‘as part of
the next periodic review of the Auditor-General Act’ and
- referral to the Senate and House of Representatives privileges
committees ‘of whether the draft reports and working papers of the
Auditor-General are subject to parliamentary privilege’.[88]
The 46th Parliament may wish to consider these issues
carefully in order to ensure the Parliament will be adequately informed about
large scale defence acquisitions in the future, such as the FSP.
At present the Parliament is examining two matters related
to the FSP: the Joint Committee on Public Accounts and Audit is considering the
ANAO’s T2D report and the Senate Standing Committees on Economics is inquiring
into Australia’s sovereign naval shipbuilding capability. The latter is
scheduled to report by 25 June 2020.[89]
Agreements and contracts
Commonwealth
and Naval Group
Initial contract—Design and
Mobilisation Contract
Following the 26 April 2016 announcement of Naval Group as
the sole preferred international partner with the Shortfin Barracuda Block 1A
design, preliminary discussions commenced but did not conclude before the
August 2016 election.[90]
Subsequently, on 30 September 2016, the Turnbull Government signed its first
contract—the Design and Mobilisation Contract—with Naval Group to commence the commercial
relationship and design phase of the FSP.[91]
This included designing Adelaide’s Osborne North submarine
construction facility (facilities and infrastructure are discussed in the next
section of this paper).[92]
When the signing of the Design and Mobilisation Contract
announcement was made, no specific details about the contract were publicly
disclosed. Following a motion in Parliament to table the contract, the
Government opposed it due to the contract containing:
... commercially
sensitive information that could be contrary to the public interest to
disclose. This includes commercial strategies, fee price structures, and
details of intellectual property which would be of significant commercial
value. Given the strategic nature of the Future Submarine Program, there is
also cause to consider the damage to Australia’s international relations that
could arise in connection with the release of the Design and Mobilisation
Contract.[93]
In October 2016 the Head of the FSP, Rear Admiral Greg
Sammut, revealed broad details about the Design and Mobilisation Contract at a
Senate Estimates hearing. The contract involves design activities, which are
expected to be lengthy to ensure it is sufficiently mature prior to building
the submarines. This includes detailed program planning, test and integration
facilities and the development of the required infrastructure.
There is also to be ongoing definition and
planning for the transfer of technology that is going to be necessary from
France into Australia to support construction and also to support the sovereign
sustainment capability that we will be establishing with this submarine.
Alongside all of those activities, we will
also be preparing for subsequent contracts and commercial negotiations. It is
not just one contract, as you would imagine, to design and
build 12 submarines; we need to put in place the full range of commercial
arrangements that will support the program over its life. Finally, we do need
to establish the ICT infrastructure that will support the design that will take
place between France and Australia.[94]
In response to a Freedom of Information
request, the Department of Defence released a mostly redacted copy of the
Design and Mobilisation Contract, which provided no
useful details about the contract parameters.[95]
Eventually, clarification about key aspects
of the Design and Mobilisation Contract was revealed in
the ANAO Transition to Design report on the FSP. The Design and Mobilisation Contract’s ‘purpose was to support the progression of design work
and other work until the Strategic Partnering Agreement’ was finalised which would then be superseded by the subsequent Submarine Design
Contract.[96]
The contract comprises seven streams of activities, as illustrated by the
ANAO in Figure 1.[97]
Figure 1: Design and Mobilisation
Contract stream of activities
Source: ANAO, Future Submarine Program—Transition to design
According to the ANAO, streams two to seven
are ongoing with additional deliverables to be added to future contracts.[98]
While the SPA and Submarine Design Contract (discussed below) have
superseded the Design and Mobilisation Contract, the
latter ‘will remain open until specific items are delivered’.[99]
The ANAO noted that one of the key
milestones in the Design and Mobilisation Contract
identified 17 October 2017 as the objective date to finalise the SPA. However, this was not achieved until 16 months later.[100]
Overarching
agreement—Strategic Partnering Agreement
Throughout the FSP numerous contracts will
be signed. As such, an overarching legal framework is required. This is known
as the SPA. While the SPA was initially expected to be finalised by 17 October 2017, negotiations between the Commonwealth
and Naval Group did not formally commence until November 2017.[101] Defence
advised the ANAO that negotiations were delayed due to preliminary discussions
not achieving the necessary ‘understanding of Naval Group’s commercial
approach’.[102]
The preliminary discussions between the Commonwealth and Naval Group
highlighted different approaches to commercial and engineering practices that slowed
progress on negotiations.[103]
For further reference, the ANAO T2D report provides a detailed description of
the negotiation process and oversight responsibilities.[104]
The report also provides analysis of the SPA provisions, which is not
replicated here.[105]
In February 2018 Defence officials
were publicly confident the SPA would be finalised by
the middle of that year, however this was not achieved until the end of 2018
and officially signed until 11 February 2019.[106]
Despite the SPA’s importance, it is not a
public document, mainly due to confidentiality and commercial-in-confidence
reasons.[107]
Defence disclosed the following broad details about the SPA in response to a
question on notice:
In broad terms, the SPA is the umbrella agreement between the
Commonwealth, Naval Group and its Australian subsidiary, Naval Group Australia
under which successive Program Contracts will be executed to deliver the Future
Submarine Program (FSP). The SPA sets out:
- the objectives of the FSP,
- the overarching contractual framework that will apply across all phases of
the FSP (design, construction and delivery),
- the respective commitments of the parties with respect to delivery of
the FSP,
- the governance and working arrangements between all parties (including
Lockheed Martin Australia as the Combat System Integrator),
- the pricing models to apply to the various phases of the FSP, and
- the process for entering into the Program Contracts for Naval Group
and/or Naval Group Australia to carry out work and to provide the required
supplies to deliver the FSP.
The SPA includes operative terms and conditions to be
incorporated into the relevant Program Contracts for delivery of the FSP, along
with a common glossary of defined terms and an array of schedules and annexes
dealing with terms and conditions and other arrangements relevant to the roles
of Naval Group and Naval Group Australia on the FSP.[108]
Broadly, the SPA provides the principal framework that
sets out ‘the enduring terms and conditions and the operative terms and
conditions’, which are applicable to all contracts signed as part of the FSP
(known as Program Contracts).[109]
The ANAO T2D report highlighted the difficulties
encountered during the preliminary discussions and subsequent negotiations
between the Commonwealth and Naval Group. The ANAO assessed that the SPA:
...establishes a contractual basis to meet the Commonwealth’s
objectives for the Future Submarine Program. To guide its negotiation of the
Agreement, Defence established clear negotiating objectives and fit-for-purpose
governance and oversight arrangements. Defence also escalated key issues for
ministerial consideration during the negotiation process, and provided frank
advice to government on areas requiring active management by the parties to
mitigate program risk and achieve program objectives.[110]
Shortly after the SPA was signed, the first Program
Contract was finalised.
First Program Contract—Submarine
Design Contract
The first Program Contract, the Submarine
Design Contract, was signed on 1 March 2019 between the Commonwealth and
Naval Group. The contract is worth $605 million and
covers work through to 2021.[111]
The Submarine Design Contract progressively incorporated the outstanding items
from the initial contract—the Design and Mobilisation Contract—and effectively
updated the major design milestones as illustrated by the ANAO in Table 2.[112]
Table 2: FSP major design milestones
Source: ANAO, Future Submarine Program—Transition to design
The Submarine Design Contract contains mandated design and
review points known as Mandated System Reviews, which comprise ‘entry and exit
criteria’ that Naval Group must meet at each scheduled review point. Defence
explained ‘that these reviews provide “hold points” for assessing the Program’s
progress and risks’.[113]
At present, the ‘overall design schedule has been extended by nine months
against Defence’s pre-design contract estimates’. Defence advised the ANAO:
The difference between the estimated pre-contract schedule
and the current contract schedule is to ensure design maturity meets the
Commonwealth’s expectations at the mandated design reviews, such as Systems
Requirements Review and Systems Functional Review.
The variance is intended to ensure the Commonwealth’s requirements
for a high level of design maturity before progressing to subsequent phases of
design is achieved, thereby reducing costly uncertainties during the build
phase and the need for larger construction contingencies.
These were major lessons learned out of the Collins and Air
Warfare Destroyer programs.[114]
The ANAO assessed that it was too early to tell if the
expected outcomes from extending the design schedule are likely to be achieved.[115]
ASC and
Naval Group
Framework Agreement
ASC (formerly known as the Australian Submarine Corporation)
is the Commonwealth-owned company that built and now maintains the RAN’s
existing fleet of CCSMs.[116]
Naval Group Australia is the design and build partner for the FSP.[117]
ASC and Naval Group Australia signed a Framework Agreement
in February 2019.[118]
The Framework Agreement covers ‘issues like training, safety, maintenance, the
work—the use together of the different capabilities in the submarine yard’.[119] The
Head of ASC, Stuart Whiley, explained that the agreement works both ways
between the two organisations. ASC will train Naval Group apprentices and
graduates, help them develop an Australian supply chain and operate ‘a
production yard safely under an Australian legislative environment ...’.[120] Naval
Group will help ASC ‘on some aspects of what the Attack submarine does’ for the
Collins Life of Type Extension (LOTE) program (LOTE is discussed further below).[121] During
the April 2019 Senate Estimates hearings, Whiley offered to table a copy of the
Framework Agreement but it was ultimately deemed ‘commercially sensitive’ so a
copy was not tabled.[122]
Commonwealth
and Lockheed Martin Australia
Attack class submarine—combat
system integration
On 30 September 2016 following a limited tender process
between Raytheon Australia and Lockheed Martin Australia for the combat system
integrator contract, the Turnbull Government announced Lockheed Martin as the
successful tenderer. The contract is worth around $1.4 billion over the life of
the project.[123]
Lockheed Martin will integrate the AN/BYG-1 combat system, which was endorsed by
the Government in 2015, in the Attack class submarines (the combat system is
discussed further below).[124]
The initial mobilisation contract was signed in November
2016, which commenced the ‘preparatory and initial design work’.[125] The
Combat System Design, Build and Integration contract was signed on 25 January
2018.[126]
Commonwealth,
Naval Group and Lockheed Martin Australia
Tripartite Cooperative Arrangement
The Commonwealth, Naval Group and Lockheed Martin Australia
entered into Tripartite Cooperative Arrangement on 3 May 2017. The Arrangement
is non-binding and ‘does not create a partnership or joint venture’ however, it
sets out the operating principles between the signatories which ‘will be
developed and refined as the various phases of the FSP evolve and mature’.[127]
Australia
and France—government-to-government
In December 2016 the governments of Australia and France
signed two treaty-level agreements to facilitate work on the FSP:
The Joint Standing Committee on Treaties (JSCOT) examined
both bilateral agreements and the report was tabled in Parliament in April
2017.[130]
The report recommended binding treaty action while also ensuring intellectual
property and Australian industry involvement were appropriately managed. JSCOT
recommended the Government report back to the Committee on progress in 2018,
during the winter sittings, to which the Government agreed.[131] To date, there has been no
public response. The Parliamentary Library understands that the Government
reported back to the Committee but the information has not been made public.[132]
Contractual
architecture
The contractual arrangements and partnership frameworks for
the FSP are extensive, as described above. Figure 2 (prepared by ANAO) attempts
to provide a relatively straightforward illustration of the contractual
architecture for the FSP.[133]
Figure 2:
Future Submarine Program contractual architecture
Source:
ANAO, Future Submarine Program—Transition to design
Facilities
and infrastructure
The 2017 Naval Shipbuilding Plan set out broad details for
the operation of two naval shipyards in Australia: one at Osborne Naval
Shipyard in SA and the other at Henderson Maritime Precinct in WA.[134]
Osborne Naval Shipyard has a number of facilities, including shipyards at
Osborne North and Osborne South. The construction of the Attack class
submarines will take place at Osborne North. At present, ASC conducts deep
maintenance activities on the CCSM at Osborne North and planning continues on the
Platform Land Based Test Facility (PLBTF) and the Combat System Physical
Integration Facility (CSPIF) at ‘greenfield’ (vacant land) sites at Osborne
North.[135]
At the October 2019 Senate Supplementary Estimates hearings, it was reported
that the design phase of the CSPIF had reached 90 per cent with ‘preliminary
construction works’ commencing before the end of 2019. The design phase of the
PLBTF was at 60 per cent with construction expected to start ‘in the first half
of 2020’.[136]
Figure 3 below shows the existing set-up and proposed expansion area at Osborne
Naval Shipyard.[137]
Figure 3: Osborne Naval Shipyard
Source: Naval shipbuilding plan
Headquarters
Australia and France have established a presence in each
other’s country with the official opening of Naval Group’s Australian headquarters
in Adelaide on 20 December 2016 and the Australian Future Submarine Office in
France in July 2017.[138]
Sovereign capability
In May 2016 the Turnbull Government announced that ‘the
physical assets of the [ASC] shipyard would be maintained under Commonwealth
ownership’.[139]
Later that year, the Government announced the structural separation of ASC into
three separate government-owned companies to support the key capabilities of
shipbuilding (which would become ASC Shipbuilding), submarine sustainment (known
as ASC Pty Ltd) and infrastructure (which would become Australian Naval
Infrastructure).[140]
In March 2017 Australian Naval Infrastructure Pty Ltd (ANI)
was formally established as a Government Business Enterprise, acting as a
Public Non-Financial Corporation to maintain sovereign ownership of
‘shipbuilding and submarine sustainment land and critical infrastructure
located at Osborne’ North and South. ANI’s role is to support rolling and
continuous naval shipbuilding activities by managing land and assets,
developing program infrastructure, providing ‘precinct services’, as well as
managing common user facilities.[141]
In 2017 the Commonwealth negotiated a deal to purchase the
common user facility and surrounding land at Osborne Naval Shipyard from the SA
Government for $230 million. The deal also included a promise from the SA
Government to assist the Commonwealth to progress development at Osborne. This
includes ‘assisting with relevant approvals, providing utilities and services,
road, rail and emergency services access, and stamp duty relief’.[142]
In 2018, following the structural separation of ASC, ASC
Shipbuilding became a subsidiary of BAE Systems as part of the Future Frigate
(Hunter class frigate) build at Osborne South. ASC Pty Ltd continued to deliver
CCSM sustainment and the Air Warfare Destroyer program and would later be
awarded a subcontract to build two Offshore Patrol Vessels.[143]
ANI noted in its most recent annual report that Osborne
North is currently used by ASC for full-cycle docking (FCD) and maintenance of
the CCSMs. The report states:
Existing access arrangements remain in place for ASC Pty
Ltd’s occupation of the Osborne North yard for CCSM sustainment activities.
In early 2019, ANI signed a Term Sheet and Coordination
Agreement with Naval Group in relation to access to the Future Submarine yard’.[144]
During the February 2019 Senate Estimates hearings, the Head
of ASC, Stuart Whiley, advised the committee that ASC had been tasked with
considering four options for future Collins FCD and maintenance activities:
three involve moving operations to WA in 2022, 2024 or 2026 and the fourth
option is to remain in SA. This tasking was expected to be completed by
mid-June 2019.[145]
There was speculation that the Government’s decision about the location of
ASC’s Collins FCD activities would be made public before the end of 2019.[146]
At the time of writing no announcement had been made.
At the February 2019 Senate Estimates hearings, the Head of
ANI, David Knox, told the committee that work on the Future Submarine
construction yard, mainly the testing and combat system facilities, currently
focused on a greenfield area at Osborne North; not the land currently occupied by
ASC. Knox also explained that ANI owns ‘all the major assets for north and
south’ Osborne and under the SPA, Naval Group will lease facilities at Osborne
North and supply the necessary equipment.[147]
Knox stated that a framework guiding the arrangements between ANI and Naval
Group for leasing the facilities at Osborne North had been negotiated and a
contract containing the detail of these arrangements was close to signing.[148] At the
April 2019 Budget Estimates hearing, Knox advised the Committee that ANI had
signed two agreements with Naval Group: one details the terms involved in
building the construction yard and the other contains the terms of access once
the yard is complete.[149]
Risk
management
Another key issue negotiated between the Commonwealth and
Naval Group includes the management of risk. As the SPA is not a public
document, details about the allocation of risk among contracting parties is
limited. The Federal Budget 2019–20 did contain a statement of risks, referred
to as a ‘Guarantee in favour of Naval Group’.[150] Sammut explained during the
April 2019 Budget Estimates hearings:
That
means there is a guarantee in terms of the obligations that ANI have under
access arrangements with Naval Group. The access arrangements are built around
the fact that the shipyard is owned by ANI on behalf of the Commonwealth. It is
not owned by Naval Group or its subsidiary. As it does own the shipyard and it will
have an access agreement with Naval Group to use that shipyard to be able to
operate it and deliver our submarines, there are obligations on ANI to ensure
that it operates in accordance with that access agreement in a way that does
not impede Naval Group's ability to deliver on the strategic partnering
agreement in program contracts to the Commonwealth.[151]
Consequently, if ANI is unable to deliver on its access
agreement with Naval Group, any costs incurred by Naval Group as a consequence
will be paid by the Commonwealth.[152]
Sammut assured the Committee that ‘contingent liabilities that arise in the
course of the contract’ have been managed under section 60 of the Public
Governance, Performance and Accountability Act 2013 and Naval Group also
provided the Commonwealth with performance guarantees, the detail of which is
not public. [153]
ANI maintains a Material Business Risks register that captures and
documents ‘risks and controls as well as their ratings’ and is periodically
monitored and reviewed by the ANI Board’s Audit and Risk Committee.[154]
In its May 2018 report on naval construction, the ANAO stated
that Defence first advised Government in July 2015 that concurrent Australian
naval ship builds would carry ‘extreme risk’.[155] The same advice was
provided to Government prior to the release of the Naval Shipbuilding Plan,
with two immediate risks identified: design and cost.[156]
The design risk for the FSP is that its ‘highly developmental and does not
conform to the Government’s guiding principles on design maturity’.[157]
The cost risks involve problems ‘in containing costs and managing the demand
for labour resources’ given the challenge of running concurrent naval build
programs, the ‘very high’ cost premium for building locally and the potential
for increased labour costs due to high demand for skilled workers.[158]
In one of its submissions to the Joint Committee on Public
Accounts and Audit review of ANAO’s naval construction report, Defence
acknowledged:
... that
active management is necessary and [Defence] is adopting an enterprise approach
to risk mitigation for the naval shipbuilding endeavour by developing a
national risk profile. Further, since those risks were identified by Defence, a
number of mitigations have been put in place to reduce the level of risk to a manageable
level.[159]
Additionally, the ANAO’s T2D report warned about the high
degree of risk attached to the FSP. The report concluded that ‘the decision not
to acquire a military-off-the-shelf submarine platform, and instead engage a
‘strategic partner’ to design and deliver the submarines with significant
Australian industry input, has increased the risk of this acquisition’.[160]
Defence acknowledges that the overall risk for the FSP is ‘high’ and assures
the Government and the ANAO that relevant risk mitigation strategies have been
adopted. A key component of this strategy is effectively managing the
partnership with Naval Group.[161]
During SPA negotiations, ‘differences in the commercial, engineering and
manufacturing approaches of Defence and Naval Group’ were identified, which
require ongoing management. Since the SPA was signed, both parties have needed
to work towards ‘establishing a shared understanding of how to operationalise
negotiated outcomes so as to realise program objectives and reduce program
risk’.[162]
Some of the risks for the Commonwealth involve developing and maintaining a
skilled and sustainable workforce for Defence and Australian industry.[163]
One of the biggest program risks is the potential for a capability gap (which
is discussed under the section on Collins class Submarine maintenance).[164]
The ANAO assessed that while the Commonwealth’s relationship
with Naval Group is in the early stages of the program, ‘the partnership is
essential for effective risk management and program success’. This is especially
important to effectively manage current issues such as the nine-month delay in
the design phase and the extension of two major design milestones (the Concept
Studies Review and the Systems Requirements Review).[165]
Defence maintains a risk management tool that includes a
‘program risk register and risk schedules for each business unit within the
Program’. In February 2019, the Naval Shipbuilding Advisory Board reviewed the
FSP’s risk register and considered it ‘the most mature of all the [naval
construction] programs’.[166]
Defence has taken the following steps to mitigate risks:
- mandating design and review points in the Submarine Design
Contract;
- partnership and governance arrangements;
- transferring the Future Submarine’s detailed design
processes to Australia;
- the fabrication of complex hull parts of Future Submarine
No.1 in France;
- productivity and cost control measures for the build phase;
and
- oversight and review by the Naval Shipbuilding Advisory
Board and Submarine Advisory Committee.[167]
The ANAO’s T2D report describes each of these steps in
details, which will not be replicated here.[168]
Cost
In the years leading up to the April 2016 announcement of
Naval Group as Australia’s international partner on the FSP, rumours abounded
about the anticipated cost of the enterprise: from $18 billion (2011), $20
billion (2014), $36 billion (2009) to $40 billion (2011).[169]
The 2016 Integrated Investment Program (IIP), which
accompanied the 2016 DWP, provided an ‘approximate investment value’ on an out-turned
dollar basis[170]
of more than $50 billion for the design and construction of the FSP and
$5–6 billion for weapons and systems. [171]
Prime Minister Turnbull confirmed on 26 April 2016 that the
overall investment in the FSP would be around $50 billion.[172] What is included in this
$50 billion price tag and how it is calculated has been, and continues to be, a
point of discussion in Parliament. In particular, ASPI’s Marcus Hellyer noted a
comment made by Sammut, during the May 2018 Budget Estimates hearings that the
$50 billion Future Submarine cost is ‘on a constant price basis’ for the
acquisition costs alone. On top of that, the sustainment costs are likely to be
‘in the order of up to $50 billion on a constant price basis’, out to around
2080.[173]
Hellyer noted that ‘constant cost estimates don’t take inflation into account’.[174] So what
is the estimated cost of the Attack class submarine acquisition? Hellyer
explains:
To convert a constant number
to an outturned number, we need both a spend spread (how many dollars per year
and over how many years) and an outturning rate. As an exercise, we set out an
indicative $50 billion constant spend spread based on a ramp-up in
spending to achieve commissioning of the first submarine in 2032–33, followed
by subsequent submarines on a two-year drumbeat. When outturned at 2.5%, the
total becomes $79 billion. Of course, if you apply higher indices to
account for the fact that the cost of military equipment increases at a faster
rate than general inflation, you quickly get much bigger numbers [emphasis
added].
...
If Sammut did actually mean
that the $50 billion acquisition and $50 billion sustainment are
constant dollar estimates—and there’s no reason to think that he didn’t—then
we’re actually talking a total of around $200 billion in outturned
dollars.[175]
Clarification on Hellyer’s $79 billion figure was sought
during the October 2018 Supplementary Estimates hearings. Sammut did not
disagree with ‘the rough out-turn costs’ suggested by Hellyer (noting that
various assumptions were made in arriving at the number) but would not ‘say
they’re precisely that figure ...’[176]
Sammut explained that the IIP’s out-turned dollar figure of $50 billion was
determined prior to the conclusion of the CEP:
Whilst
we were confident that it was greater than $50 billion outturned, we didn't
have what I would call figures that we wanted to be public on at that stage.
All I can say is that that was the figure that was entered into the public
Defence Integrated Investment Program. The point I would make is that the costs
of the program have not changed since completion of the CEP and the allocation
within the Defence IIP, which is not publicly releasable, has not changed for
the program once the costs of the program were established after the CEP.[177]
The estimated $50 billion (in constant dollars) acquisition
cost of the FSP includes the design and construction of 12 submarines; design
and integration of the combat system for 12 submarines; required science and
technology investment; logistic support; and ‘the design and construction of
the submarine yard and other land-based facilities (for example, wharves,
training centre, crew facilities)’.[178]
The sustainment estimate of $50 billion (in constant dollars) spanning ‘55
years for the in-service costs of the Future Submarine Program, is based on a
range of data including actual Collins sustainment costs, the assumed ‘usage
upkeep cycle’ of the Future Submarine and future workforce projections’.[179]
At the November 2019 Supplementary Estimates hearing, Sammut
stated that the estimated acquisition cost for the FSP is ‘in the order of $80
billion’ in out-turned dollars and the estimate for sustainment might ‘roughly’
work out to be around $145 billion in out-turned dollars to 2080 for the fleet
of Attack class submarines.[180]
The crucial point Hellyer made about the costs associated
with the FSP is how this will affect Defence’s budget in decades to come:
[T]otal numbers are largely irrelevant because after the
$200 billion, Defence will just keep spending billions on continuous
submarine building off into the distance. The real question is how much of
Defence’s annual cash flow is now tied up in the future submarines (and
shipbuilding and the future fleet in general). The Cost of Defence [2018]
estimated that the continuous naval shipbuilding enterprise would require an
annual cash flow (in 2020–21 dollars) of $3.5–4 billion, or around
30% of Defence’s capital investment budget.
And the
future submarines alone would require around $2 billion per year in
acquisition funding and another $2 billion in operating costs (between
sustainment and crewing) for a total of around $4 billion per year. Or put
another way, around 10% of
Defence’s total budget will be locked into one capability [emphasis added].[181]
ASPI reiterated this point in November 2019.[182]
Recent budget figures show that $2.24 billion in approved
project expenditure has been allocated for Phase 1B of the FSP. Phase 1B is the
design and construction phase.[183]
Defence’s most recent annual report shows the total current Government approved
budget figure as $5,963 million which is expected to cover the FSP to the
beginning of the construction phase in 2022–23.[184]
Overall expenditure on the FSP, as of 30 September 2019, is
$834,891,390, with 47 per cent ($396,068,415) spent on design work.[185]
As such, the ANAO assessed:
Defence cannot demonstrate that its expenditure of $396
million on design of the Future Submarine has been fully effective in achieving
the program’s two major design milestones to date. Defence expenditure on
design work is a material component of the program, representing some 47 per
cent of all program expenditure as at September 2019.[186]
Schedule
To date there have been no major changes to the original
schedule for the FSP, as set out in the 2016 DWP. To recap, the 2016 DWP and accompanying
IIP stated the acquisition process would commence in 2016—first pass approval
was achieved when Naval Group was selected as the international design partner
in April 2016—the first submarine is expected to enter service in the early
2030s and construction of the 12 Attack class submarines will continue into the
late 2040s and 2050s.[187]
The 2017 Naval Shipbuilding Plan confirmed construction on
the Attack class submarines would begin in 2022–23 with the first boat entering
service in the early 2030s.[188]
In May 2018 Defence submitted to Parliament a schedule
of key milestones in response to a question on notice (see Table 3 below).[189] The
ANAO’s T2D report provided an update on the design and build schedule (as at 19
December 2019) that shows the Preliminary Design Review is now expected to
conclude by January 2021, which is reflected in Table 3.[190]
Naval Group proposed an extension of the completion date for
the Critical Design Review out to September 2023—‘some 15 months later than
planned by Defence in its pre-design contract planning’.[191] A nine month extension was
eventually agreed, effectively delaying the Definition Design phase by nine
months. Defence explained:
This delay is intended to ensure the Commonwealth’s
requirements for a high level of design maturity before progressing to
subsequent phases of design, thereby reducing uncertainties during the build
phase [and] the need for larger construction contingencies. Accordingly,
Defence has not altered the planned delivery date for the first Attack class
submarine.[192]
Table 3: schedule—key milestones
Activity |
Schedule |
Preliminary Design Review |
Conclude March 2020 January 2021 |
Critical Design Review
[the critical design work is expected to move
from France to South Australia in 2022][193] |
Conclude June 2022 not contracted to date |
Operation of the Propulsion
System Land Based Test Site |
Commence 2022/23 |
Operation of the Combat
System Physical Integration Facility |
Commence 2022/23 |
Construction of the first
Future Submarine |
Commence 2022/23 |
Construction of the second
Future Submarine |
Commence 2025/26 |
Sea trials for the first
Future Submarine |
Commence 2031/32 |
Acceptance of first Future
Submarine |
2032/33 |
Source: Senate Foreign
Affairs, Defence and Trade Legislation Committee, Answers to Questions on
Notice, Defence Portfolio, Additional Budget Estimates, 2017–18, question 41;
and Future Submarine Program—transition to design.
During the November 2019 Senate Estimates hearing for
Defence, Sammut clarified that in 2022–23 the ‘whole qualification section’
activity is scheduled to commence:
In the 2022-23 timeframe for that activity, before we
commence construction of the vessel itself in 2024, those construction
activities will commence with whole qualification section. The idea being that
we will qualify the personnel, the tools and the processes for the build of the
pressure hull of the submarine before we commence building the actual submarine
itself.[194]
Table 2 on page 19 of this paper illustrates the amended
timeframe for the design phase under the Submarine Design Contract. Table 4
(below) shows the structure and extent of the design phase of the FSP. As of
December 2019 the FSP was in the Preliminary Design Definition phase.[195]
Table 4: phase and purpose of the FSP
Source: ANAO, Future Submarine Program—Transition to design
The perpetual question surrounding the FSP is will there be
a capability gap between the decommissioning of the CCSM’s and commissioning of
the Attack class submarines? Defence has assessed that if there is more than
three years delay in the FSP, this ‘will create a gap in Navy’s submarine
capability’.[196]
How will this be tracked?
It might be reasonable to expect that any changes to the
cost and schedule of the FSP would be reflected in publicly available
documents, such as the IIP. The 2016 IIP promised that the public online
version would be ‘periodically updated to reflect changes in the’ IIP to ensure
industry has the most up to date information.[197] To date, the IIP has not
been updated online, but it might be refreshed sometime this year to provide a
2020–30 version. In the meantime, the Services update industry via annual
environmental working groups, Defence annual reports, Defence Portfolio Budget
Statements and project information on the Capability Acquisition and
Sustainment Group website.[198]
Additionally, as noted earlier on page seven of this paper,
the government also promised to provide regular updates to the Parliament on
naval shipbuilding progress in the Naval Shipbuilding Plan.[199]
Publication updates such as these would be helpful in increasing the degree of
transparency and accountability surrounding the FSP.
Collins class submarine maintenance
Commonwealth-owned ASC is contracted to provide in-service
support for the CCSMs.[200]
The CCSMs are maintained under a scheduled Usage Upkeep Cycle (UUC). One UUC
lasts for 12 years and involves one Full Cycle Docking (FCD) which takes two
years to complete, one Mid-Cycle Docking (MCD) which takes one year to complete
and two Intermediate Dockings (ID) of around six months each in duration.
Additionally there are four Intermediate Maintenance Periods (IMP) of 16 weeks
each.[201]
FCDs are conducted at ASC’s facility in Osborne North, SA
and the MCDs, IDs and IMPs are conducted at ASC’s facilities in Henderson, WA,
known as ASC West.[202]
A FCD is the most complex submarine maintenance activity. It involves the
complete refurbishment of the submarine as well as selected critical equipment.
The three diesel engines and the main propulsion motor are
extracted through hull cuts, and the major systems such as air services,
hydraulics, power distribution, and fluid systems are decommissioned requiring
dockyard auxiliary systems to be brought on line to maintain critical services,
and the re-commissioning of ship based systems near the end of the FCD.[203]
Given the complexity of this activity, ASC notes that FCDs
must be conducted using ‘a workforce with many years of FCD experience and the
ability to balance problem resolution against schedule demands’. MCDs, IDs and
IMPs, which are conducted at ASC West, are not as complex.[204]
While the report that these statements are drawn from was heavily redacted, it
might be suggesting the existing ASC West workforce is not sufficiently
experienced to manage the transition and workload of FCD.
Questions continue to be raised about whether ASC will
relocate its FCD activities to WA. At the time of writing, the federal
government had not made a public announcement.[205]
As previously mentioned, one of the biggest program risks
is the potential for a capability gap between the decommissioning of the CCSM and
commissioning of the Attack class submarines. A key risk mitigation strategy is
the CCSM life-of-type-extension (LOTE) program under SEA 1450.[206]
CCSM—Life of
type extension
The last of the CCSMs was originally expected to leave
service in the early 2030s. The first Collins class submarine was commissioned
into service in 1996 and the sixth in 2003.[207]
The original ‘theoretical platform life’ of the Collins was expected to be 28 years.
In 2012, the Department of Defence assessed the indicative service life of the
CCSM and determined it could be extended by ‘one operating cycle for the
fleet’.[208]
This assessment was accepted by the Gillard Government in 2012.[209]
Life-of-type-extension (LOTE) work on submarines is not
uncommon. The former head of the FSP, Rear Admiral Rowan Moffitt (Rtd),
explained in 2012 that at that time the Dutch were extending the life of
submarines; the US Navy extended the Los Angeles class submarines from 30 years
to 42 years and similarly the Ohio class submarines; and the United Kingdom was
‘extending their Vanguard class from an original design life of 25 years to 30
years’.[210]
In 2012 John Coles’ report of the review into the
sustainment of the CCSM mentioned the Service Life Evaluation Program (SLEP)
study being undertaken by Defence at that time and explained the potential
pitfalls:
A SLEP by definition takes the service life beyond that
envisaged at the design stage and is frequently employed by the majority of
navies to gain the maximum life from costly assets. The downside is that the
cost of maintaining aging assets to the original design intent can be
disproportionally expensive in both materials and time. Reliability can create
serious issues with the inevitable material degradation from age and the
hostile environmental conditions of the submarine space. Several
characteristics of a SLEP on all or some of the Collins class submarines are
considered to be worthy of comment since such an activity is extended
sustainment.[211]
Coles produced a progress report in March 2014 that did
not specifically discuss LOTE work but was positive about the remediation work
being undertaken to improve the CCSM sustainment process.[212]
The 2016 follow-up Coles report noted that planning for
the LOTE work had commenced in mid-2016.[213]
The report also highlighted some ‘key assumptions’ about the transition from the
CCSM to the Attack class submarines, noting there would be:
- ‘a continuous submarine capability’
- LOTE work for three CCSMs that could be increased or decreased as
the new submarines are introduced
-
LOTE work coordinated in time with the FCD schedule (ten-year
operation cycle and two-year FCD, known as 10+2 UUC) to allow ‘continuity of
submarine capability’
- the ‘relocation of the Collins FCDs to Western Australia’ in an
effort ‘to avoid resource demand conflicts in South Australia’ once
construction of the Future Submarine commences, with the final LOTE FCDs taking
place in Western Australia from 2026 to 2032 and
- continued capability upgrades on the CCSMs.[214]
At the April 2019 Budget Estimates hearing for Defence, it
was noted that the IIP provides for LOTE work for at least five boats, but the
final number will be decided, along with the cost, through ongoing definition
studies.[215]
This was still the case at the October 2019 Supplementary Estimates hearing for
finance with the final CCSM finishing its LOTE either in 2036 for five boats or
2038 for six boats.[216]
Each boat’s final decade in service will involve continued
combat system development (assisted by the United States) together with ‘the
inclusion of technical refreshes and capability enhancements ...’ Defence
asserted there will not be a capability gap.[217]
At the April 2019 Budget Estimates hearing for Finance,
ASC chief Stuart Whiley noted that the LOTE work was in the concept phase and
in 2020 it will move to the ‘detailed design and planning phase’.[218]
At the October 2019 Supplementary Estimates hearing, Whiley noted LOTE planning
was being prepared and a ‘costed feasibility proposal’ would go to Defence in
March 2020.[219]
The Chief of Navy’s recent incoming government brief indicated that first pass
approval for SEA 1450 Phase 1 (CCSM LOTE) would occur in June-July 2020.[220]
The ANAO’s T2D report noted that Defence advice from
September 2019 stated LOTE work on the first CCSM would commence in 2026 when the
boat enters FCD.[221]
While planning is still in progress on the LOTE work, it
is understood the majority of LOTE work will be conducted during the FCD and
the remaining work during other docking opportunities such as MCDs, IDs and
IMPs.[222]
The workforce requirements to conduct this activity are also still in the
planning stage.[223]
To better manage risk with the transition from the CCSM to
the Attack class submarines, consideration is being given to the installation
of ‘sub-systems and components in the upgraded Collins class that will be
common to the Attack class’. This concept was endorsed by the Naval
Shipbuilding Advisory Board in November 2018.[224]
Collins
sustainment—project of concern
The sustainment project for the CCSMs
(known as CN 10) spent almost nine years on Defence’s Projects of Concern list:
the longest any Defence project remained on the list and the only sustainment
project to be included on the list.[225]
CN 10 was placed on the Projects of Concern list in November 2008 after failing
‘to meet acceptable benchmarks for operational capability’.[226] Originally the
Commonwealth signed a Through-life Support Agreement with ASC in 2003. This was
renegotiated to an In-Service Support Contract in 2010 as part of the
remediation plan (which also included the creation of the Australian Submarine
Program Office and agreement on an Integrated Master Schedule).[227]
Following three reviews by John Coles in 2012, 2014 and 2016, CN 10
significantly improved to achieve ‘international benchmark levels of
availability’, which was maintained to the point where CN 10 was removed from
the Projects of Concern list in September 2017.[228]
Collins
upgrades
The Collins class submarine program includes other upgrade
projects. The 2016 DWP and accompanying IIP provide very broad cost bands for
the CCSM program, which include:
- sonar replacement with a cost band of $750 million–$1 billion and
timeframe a few years beyond 2025
- satellite communication with a cost band of $750 million–$1
billion
-
sensor and communications enhancements with a cost band of $400–$500
million.[229]
The Naval Shipbuilding Plan suggests that further
‘enhancements to the current submarine capability, as well as continuation of
the sustainment effort, will continue into the late 2030s’.[230] The Plan highlights the
capability enhancements noted in the IIP, which aims to avoid a ‘capability
gap’ by prioritising:
... obsolescence
management and fleet sustainment investment valued at $2.6 billion (out-turned)
for approved and unapproved projects and $6.7 billion (out-turned) for the
continuation of the sustainment effort over the remaining life of the Collins class
submarines.[231]
The ANAO monitors the ongoing sustainment and upgrade
projects for the CCSM in the annual Major Projects Report (MPR), which is
reviewed by the Joint Committee of Public Accounts and Audit. The most recent
MPR includes two projects: SEA 1439 Phase 3 Collins class submarine reliability
and sustainability with an approved budget of $445.3 million and SEA 1439 Phase
5B2 Collins class communications and electronic warfare improvement program
with an approved budget of $607.8 million.[232]
The MPR shows SEA 1439 Phase 3 is experiencing a 112 months schedule slippage
due to changes to submarine docking schedules and the schedule for SEA 1439
Phase 5B2 has slipped by 36 months.[233]
Cost of extending the life of the CCSMs
An Insight Economics report from
2017 assessed the overall cost for extending the life of the CCSMs to be around
$15 billion.[234]
This assertion was rejected by the head of the FSP, Greg Sammut who stated the
overall cost for the LOTE work is yet to be determined.[235] This was still the case
when Sammut addressed the April 2019 Senate Budget Estimates hearing on the
matter.[236]
The estimated annual cost of Collins sustainment is around $566 million.[237]
Local
industry involvement
The federal government has promised to ‘maximise local
industry involvement’ in the FSP and claims around 2,800 jobs will be generated
each year as a result.[238]
The Government has also promised the 12 submarines will be ‘Australian built’
securing ‘Australian jobs’ and using ‘Australian steel’.[239]
The Naval Shipbuilding Plan reiterates the Government’s
promise to ‘maximise local industry involvement’ through the transfer of
‘technology, intellectual property, business processes and workplace cultures’
to Australian industry so a sovereign enterprise can be maintained.[240]
As part of the 2018 Defence industrial capability plan, the
Government outlined the sovereign industrial capability priorities, which
includes maintenance and technology upgrades of the CCSMs and work on the FSP.[241] The
Plan asserts:
Australian
industry will have significant opportunities to compete for work on the
construction and sustainment of these submarines. The Future Submarine is the
largest defence procurement program in Australia’s history. The industrial
inputs required to achieve this program will be many and will involve platform
design and construction, systems design and integration, specialised
engineering and naval architecture as well as many more.[242]
The SPA signed between the Commonwealth and Naval Group in
February 2019 did not stipulate a specific percentage for Australian industry
involvement. As explained by Sammut in April 2019:
There
is a requirement on Naval Group to approach Australian industry. Procurements
will be written from Australia by its subsidiary, Naval Group Australia. There
are obligations towards meeting our objectives to maximise Australian industry
involvement, in terms of setting up the sovereign sustainment and operating
capabilities and also the capacity to build the submarine in Australia. I do
not wish to go into some of the more commercially sensitive arrangements that
we have in place to ensure that we maximise Australian industry involvement.
What Naval Group are required to do is ensure that they are articulating their
plan for each work scope, as we move forward, that moves us towards the
maximisation of Australian industry involvement so that it's clear in those
plans, which have to follow and have to abide by the terms and conditions set
out in the strategic partnering agreement, specifically what they're going to
do during each contracted work scope as we move forward. They're generally
reflected in more granular form in what we call local industry activities—the
activities that will be conducted in local industry as we move forward at each
stage of the program towards maximising its involvement.[243]
In 2016 former Naval Group CEO
Sean Costello told the media that over 90 per cent of the ‘build activities’
for the Attack class submarines would take place in Australia.[244]
Following this statement, speculation about the percentage of Australian
content for the FSP was repeatedly raised in Parliament, most of which has been
detailed in the final report from the Senate Committee’s Inquiry into the
Future of Australia’s Naval Shipbuilding Industry, which will not be
replicated here.[245]
In 2018 the then Minister for
Defence, Christopher Pyne, stated in response to a media question about
Australian industry contribution to the FSP:
Well,
this will be a local build. A local build is defined as being around 60 per
cent-plus. That's what we've achieved on the Collins class. We have achieved
the same on air warfare destroyer. North of 60 per cent on both of those
projects. So we expect this to be a local build as we've announced. That's what
Naval Group will deliver, Naval Group Australia. In fact, I'm sure it'll be
further north of 60 per cent.[246]
In February 2018, while no longer the CEO of Naval Group,
Costello reportedly clarified his comments to the media:
It’s as
true today as when I said it, and to be clear, what I said was that the
planning of the Future Submarine project is that 90 per cent of the build
activities will be performed in Australia.[247]
Nevertheless, clarification about the amount of Australian
content was raised during the April 2019 Budget Estimates hearings with Sammut
confirming ‘that 90 per cent of the build of the Future Submarine will be
conducted in Australia’. With regard to Australian content, no further
statement can be made until the design process is complete.[248] These points were again
reiterated by Sammut at the 29 November 2019 Senate Estimates hearing where he
clarified:
In the first instance, the figure
of 90 per cent was made in reference to the amount of construction of the
future submarine that would take place in Australia. To the minister's point,
we haven't started construction yet. We are currently in the design phase of
the program. That was work that we always knew we would need an international
partner to lead for us, because we don't have the skill sets in this country to
do concept and preliminary design of the submarine. That work is predominantly
undertaken in France; although I would say at this stage in an update on the
figure we have given you in the past about the level of spend in Australia,
we're now at 39 per cent. And that's the level of spend that we're achieving at
this particular point in the design phase of the program. There have been four
items of major equipment selected for the submarine. It's been necessary to
select those four major items of equipment, or indeed the designs of those
systems, so that we could actually proceed through concept design and get to
this point where we're about to conduct systems requirements review. I would
point out they are systems not produced in Australia. However, there will be
opportunities at the tier 2 level of supply chain in Australia to participate
in the delivery of those equipments (sic).[249]
On 24 February 2020 a public hearing was held by the Senate
Standing Committees on Economics as part of its inquiry into Australia’s
sovereign naval shipbuilding capacity.[250]
The public hearing involved representatives from Naval Group Australia and the Department
of Defence and focused on Australian content, given comments made by Naval
Group Australia’s chief executive John Davis that were reported in the media on
13 February 2020. The media article said Davis ‘was unable to say whether the
boats’ Australian industry content would reach 50 per cent’.[251]
In the article, Davis was quoted saying ‘We didn’t know the Australian
market before we joined the program ... Now we have a much deeper insight, and we
recognise there is a lot more work to be done than we anticipated’.[252]
On the same day the Department of Defence issued a joint
statement with Naval Group stating that at present ‘137 Australian companies
and organisations have subcontracts’ and further opportunities for Australian
industry will become available as the program progresses.[253]
The Minister for Defence, Linda Reynolds, also responded on
15 February 2020 with a short media release stating that under the SPA, both
parties reaffirmed their full commitment, ‘in particular with respect to
schedule and Australian Industry Capability’, and agreed to a quarterly
ministerial level meeting to review progress (the next meeting is scheduled for
April in France).[254]
On 24 February 2020, Minister Reynolds met with her French counterpart while in
Munich, Germany for an international security conference. During this meeting
the French Government made an undertaking committing Naval Group ‘to a level of
Australian industry capability of at least 60 per cent of the contract value
spent in Australia’.[255]
Naval Group Australia confirmed this commitment on Twitter stating ‘we will
deliver on this’.[256]
At the time of writing, the transcript of the public hearing
had not been published but the media reported that Naval Group was still
committed to the 60 per cent target and pledged to formalise this with the
Commonwealth in the next two years.[257]
Construction process
In 2012 then Minister for Defence Materiel Jason Clare spoke
about how and why the Future Submarines should be built in Australia. These
comments remain relevant today. Clare asserted this is no ‘ordinary defence
project’. The program will span decades ‘and by the time the last [submarine]
is built the first will need to be replaced’. The flow-on effects are important
as a new industry is created in Australia; skills and technology will be
developed in other Australian industries, universities and technical colleges.
Clare stated there is also a strategic importance to designing, building and
sustaining the submarines in Australia but expertise will be needed from
international partners. Overall:
Building submarines requires intense collaboration between
the designers, builders and ultimate users and maintainers. It is very difficult
to do this if the project is based overseas.
US and UK experience shows that the best way to build
submarines is to slowly evolve their design – to build in batches of three or
four. This means obsolete equipment can be replaced and capability upgrades
made progressively when equipment has been designed, produced, tested and is
ready to install.
If we
want a design and construction system that can evolve the design of our future
submarines to meet our specific needs, it makes sense for that work to happen
here.[258]
These are some of the reasons a ‘rolling build program’ was
referenced throughout the 2013 Future submarine industry skills plan.[259] The 2016
DWP and 2017 Naval Shipbuilding Plan, however, refer to a ‘rolling acquisition
program’, explaining that this will provide:
... long-term
planning certainty for industry, allowing those Australian companies involved
in the submarine program to invest in the capabilities needed to support their
involvement in the construction and sustainment activities’.[260]
ASPI pointed out that this statement does not provide a ‘concrete
commitment’ to replace the Attack class submarines, only ‘the ability to do so’
and does not clarify what is meant by a ‘rolling acquisition program’.[261] ASPI
inferred that ‘the term “rolling acquisition” leaves open the options of both
continuous and non-continuous build programs, while allowing the’ 2016 DWP to
make assurances about industry certainty.[262]
Capability
specifications
Specifications for the Attack class submarines are limited, but
according to Naval Group the Shortfin Barracuda Block 1A’s specifications are
97 metres in length with a displacement of 4,500 tonnes (surfaced) using pump
jet propulsion and conventional power.[263]
While additional official platform specifications are not
widely known—which is not surprising given the program is still in the design
phase—at least one media report suggests the range of the Attack class
submarine is likely to be around 18,000 nautical miles, with a top speed of
more than 20 knots and a complement of 60 crewmembers.[264]
Sammut noted that development of Australia’s diesel-electric
Attack class submarine will utilise Naval Group’s experience ‘designing both
the [nuclear] Barracuda and conventional submarines’. He clarified that Naval
Group is not converting the nuclear-powered Barracuda submarine into a
diesel-electric submarine. This cannot be done. The design of the Shortfin
Barracuda will be based on ‘many of the learnings and references that come out
of the Barracuda design’ as well as the conventional submarines Naval Group has
designed.[265]
Noteworthy in the 2016 DWP is the opportunity in the late
2020s to review the program and make changes in line with technological
advancements. Specifically, an assessment will be made as to ‘whether the
configuration of the submarines remains suitable or whether consideration of
other specifications should commence’.[266]
Naval Group suggests the Shortfin Barracuda Block 1A will evolve into the
Block 1B during the rolling acquisition program and following the
aforementioned review, may develop into Block 2A, incorporating new technology.[267]
Table 5: the build process
Phase 1
|
Phase 2
|
Phase 3
|
Production of hull sections
|
Production of completed hull sections
|
Final integration and systems activation
|
‘In this phase, steel plates will be rolled into curved
sections and welded into the internal frames. Suppliers from Australia and
France will ship materials and components to Adelaide’.
|
‘In this phase, the
tanks, pipes and equipment are mounted into the hull sections.
Hull sections are outfitted vertically (standing on end)
before being returned to horizontal outfitting for remaining equipment.
Using modular production technologies, internal equipment
is built, tested and then loaded into the submarine sections. Supply chains
from around Australia will build internal equipment and ship to Adelaide’.
|
‘After the outfitting of sections is complete, they are
joined together to complete each submarine. Subsystems are tested and
activated and the submarine begins to come to life. The submarine is launched
and following extensive trials, will be accepted into service by the Royal
Australian Navy’.
|
Source:
Naval Group website, ‘The build’,
n.d.
During the November 2019 Senate Estimates hearing for
Defence, Greg Sammut explained, in the context of managing risk, that prior to
the construction phase of the Attack class submarines the design must be
sufficiently mature:
Having a high level of design maturity before you commence
build is one of the key principles for holding schedule during the construction
phase, where delays are much more lengthy because it takes more time to do
rework, and they are more expensive because you have a higher number of people
engaged in construction activities than you do during design.[268]
Other risk mitigation strategies involve ‘sufficient test
and evaluation of equipment before they’re put into the submarine’. This
includes testing the propulsion system and the combat system at land-based
facilities. Also ensuring the construction shipyard is equipped with modern
shipbuilding equipment and techniques.[269]
Combat system
Prior to the CEP taking place, the preferred combat system
for the Attack class submarine had already been selected. At the release of the
2013 DWP, the Gillard Government announced its decision to use the US Navy
‘AN/BYG-1 combat system as the reference system for future design work’ on the
Future Submarine.[270]
The Minister for Defence, Stephen Smith, explained that the US combat, weapons
and communications system is:
... a modern version of what we have in the Collins. That is
significant for compatibility purposes with our alliance partner, for
interoperability purposes, but also it is a deeply significant decision so far
as the design and build of the submarine itself is concerned.[271]
This preference was also supported by the Abbott Government.[272]
Cooperation with the US Navy on submarine combat systems
dates back to 2001 when the Minister for Defence removed the combat system from
the main contract for the CCSMs. In 2002 the Howard Government selected an
off-the-shelf system from the US Navy. Since then, Australia has participated
in a Joint Development Program with the US Navy for combat and weapons control
systems.[273]
In November 2015, the Turnbull Government ‘endorsed’ the
AN/BYG-1 Tactical Weapon and Control Sub-system and the Mark 48 Heavyweight
Torpedo ‘as the combat system and main armament for the Future Submarines’.[274]
The AN/BYG-1 Tactical Weapon and Control Sub-system and the
Mark 48 Heavyweight Torpedo are systems jointly developed by the US and
Australia and are based on systems currently in use in the CCSMs and the US
Navy’s Los Angeles, Seawolf and Virginia class submarines.[275] US company General
Dynamics Mission Systems, the Tactical Control System developer for existing US
and Australian submarines, explains:
The AN/BYG-1 acronym is derived from the Joint Electronics
Type Designation System (JETDS): AN refers to Army/Navy, B indicates underwater
systems, Y refers to data processing, and G indicates Fire Control or
Searchlight Directing.
Each of
the AN/BYG-1 systems incorporates a variety of advanced processor build (APB)
software algorithms developed by industry, government, and academic sources.[276]
In September 2016, the Turnbull Government announced
Lockheed Martin Australia as the successful tender, following a limited tender
process, for the combat system integrator contract, worth around $1.4 billion
over the life of the project.[277]
In October 2016, the Minister for Defence Industry, Christopher Pyne, stated
the Attack class submarines will be equipped with ‘upgraded versions of the
tactical and weapon control system’ that are currently used in the CCSMs. This
will allow ‘continuity with the tactical and weapon control system and the Mark
48 torpedo as key elements of’ the Collins class submarine’s existing combat
system.[278]
This approach aims to ensure continued interoperability with
the US military.[279]
The ANAO confirmed that the ‘Government’s decision to acquire these systems for
the Future Submarine was based on maintaining the Australian submarine fleet’s
strategic interoperability with the United States’.[280] The ANAO identified the
integration of the combat system as a ‘key risk’, as it will ‘involve the
sharing of interface data’ between Naval Group, Lockheed Martin Australia and
the Australian Government, which will require careful management by Defence.[281]
The initial mobilisation contract with Lockheed Martin was
signed in November 2016, which commenced the ‘preparatory and initial design
work’.[282]
The Combat System Design, Build and Integration contract was signed on 25
January 2018.[283]
Nuclear option
Discussion around whether Australia should, or
could, consider a nuclear powered submarine capability has been persistent in
the future submarine context over the last decade.[284] These
discussions have often called for a more serious consideration of the issue and
this has only recently gained traction as part of a broader debate about
Australia’s future energy sources. The main reason this issue has persisted is because
nuclear powered submarines would meet Australia’s strategic requirements for
the FSP.[285]
But without a nuclear industrial base the
discussion struggles to progress.
The 2009 and 2013 DWPs categorically rejected
the consideration of nuclear powered submarines, which aligns with the
Australian Labor Party’s stated position opposing the use of nuclear power for
military or civil purposes.[286]
The Turnbull Government’s 2016 DWP did not rule it out.[287]
However, Prime Minister Turnbull stated during a May 2016 press conference that
‘the issue of nuclear propulsion did not form any part of our consideration’.[288]
The current Minister for Defence, Linda Reynolds, reaffirmed this point during
a Senate Estimates hearing in November 2019 stating: ‘I can confirm that a
nuclear powered submarine is not being considered as an option for the Attack
class submarine’.[289]
The US option
In 2011 former senior Defence official Ross
Babbage suggested Australia should consider leasing US nuclear powered Virginia
class or UK Astute class submarines.[290]
One year later Babbage still held this view arguing:
... the
best submarines for Australia for the coming 40 years would be 10-12 leased or
bought Virginia or Astute class
boats. The Virginia class boats,
in particular, are well sorted and reliable, they have low risk, they have
known costs, they never need to be refueled and they could be acquired with
associated training programs and system upgrade pathways.
...
Were
the Australian government to be open to a Virginia or Astute option following next year’s [2013] election, it would be
sensible to have discussions with both the U.S. and U.K. governments. However,
all other things being equal, if the U.S. government were open to the idea, it
would seem more sensible for Australia to opt for the Virginia class. Australian boats of this class would be operating in very
close cooperation with U.S. boats in Pacific and Indian Ocean waters. There are
likely to be substantial advantages flowing to both countries from joint
basing, logistic support, training and many other aspects.[291]
It was also suggested that it would be
generally more affordable as Australia might lease eight Virginia class submarines
at a cost of around $23–27 billion.[292]
A February 2012 media interview quoted US
Ambassador to Australia Jeffrey Bleich stating that decisions ‘about the design
of the Australian submarine are up to Australia’s leaders, including whether
they pursue diesel power or nuclear power ... Whatever they decide the US is
willing to help’.[293]
A subsequent media article suggested an Abbott Government would consider the
nuclear option.[294]
The counter-arguments at that time centered on
the extensive public campaign that would be needed to garner support for a
nuclear option and the potential reluctance of the US government (and Congress)
to permit US ‘companies to sell nuclear technology to a non-nuclear nation’.[295]
Additionally, Paul Dibb (another former senior Defence official) ‘warned that
relying on even as close an ally as the US to that extent would remove much of
Australia’s sovereignty over such a powerful weapon’.[296]
Defence Editor Brendan Nicholson also pointed
out, as most commentators had, that Australia does not have a nuclear industry,
nor is the public likely to support such a venture. Nicholson emphasised the
difficulties in pursuing a leased US Virginia class submarine capability, but
suggested proper discussion on the nuclear issue is needed:
Australia could buy or lease from the US Virginia-class
attack submarines, which have a reactor intended to last for the boat’s life
without needing its nuclear fuel topped up.
That sounds simple enough on the face of it, but for
Australia to obtain these subs in time to replace the Collins-class fleet would
bring major problems, even if the first hurdle of persuading Washington to
provide them were overcome.
US nuclear submarine crews all include very highly trained
technicians, including nuclear physicists. There are very few nuclear
physicists in the Royal Australian Navy.
To find specialised crews would require whole new university
courses and the recruitment of large numbers of young men and women with an eye
on a naval career under the waves. This is likely to require a complex national
enterprise lasting for a decade.
An alternative would be to “borrow” large numbers of
specialist crew from an ally: that would bring serious sovereignty issues,
especially in time of war. A long-term possibility might be lurking in the
selection process for the navy’s new submarines, which are intended to be
conventionally powered.
France
wants to sell Australia a very big, conventional version of its nuclear-powered
Barracuda submarine. Of up to 12 new navy subs, the first five or six will
surely be conventional, but a switch to a nuclear version might be made in the
future. The issue of whether the navy should have nuclear submarines has only
ever been debated in superficial fashion before Australia’s public. A sensible
analysis of the issues would be very timely.[297]
Ultimately, the potential for a leasing option
might not have been viable given concerns with the US submarine industrial
base.[298]
Submarine production in the US between 1997 and 2016 reportedly dropped 80 per
cent due to the US Navy ordering fewer submarines. Consequently the supply
chain and workforce supporting the submarine industrial base declined. Now the
submarine industrial base is reportedly struggling to rebuild the supplier base
and skilled workforce, which is causing delays in the delivery of programs like
the Virginia class submarines.[299]
Further consideration
The second report (2014) of the Senate
Committee inquiry into Australia’s naval shipbuilding industry noted that ‘both
sides of politics have decided that they would not pursue a nuclear option’ for
the FSP.[300]
A Defence official advised the Committee that any decision to acquire nuclear
powered submarines would attract an:
... enormous
overhead. First of all, you have to change people's attitude towards nuclear
power and then, beyond that, the industry behind it to sustain that capability
and the cost of operating it. It is an interesting comparison that Japan, which
has a nuclear industry and has a substantial nuclear base, chooses to operate
conventional submarines.[301]
Professor Goran
Roos (Adjunct Professor at a number of academic institutions) told the
Senate Committee that a nuclear submarine capability would be ‘fantastic’ but
Australia would need to have the right technology in-country to maintain it:
We do
not have a nuclear capable industry within country; hence we cannot do it now.
If you rephrased the question and said, 'How long would it take us to go to a
level where we could procure a nuclear propulsion submarine?' I would say
probably by submarine 6 to 7 in the new build program. That is roughly when you
are looking at because that is the time line it is going to take us. You need
six to seven conventional submarines, where you start to build up the
capability to then have a nuclear system in this area, and you could then go.
So you are looking at 10 to 20 years.[302]
In June 2017 former Prime Minister Tony Abbott
suggested Australia should consider acquiring nine nuclear powered submarines
from allies France, the UK or the US. Abbott lamented his biggest regret while
Prime Minister was not ‘robustly challenging the nuclear no-go mindset...’. While
Abbott was not asserting ‘that we must go nuclear’, he argued that Australia
‘should at least consider the option before the opportunity is lost for another
several decades’. He suggested Australia should start the conversation by
talking to the US about providing the RAN with nuclear powered submarines,
which could be initially based at the US military base at Guam while Australia
developed its domestic nuclear capabilities.[303]
Sammut stated in October 2017 that there is
‘no plan to switch to nuclear power. Before we can contemplate a
nuclear-powered fleet, there’d need to be a much broader policy debate about
nuclear power itself’.[304]
The current debates over Australia’s future
energy sources have created an opportunity for a broader discussion about
nuclear issues. This resulted in the establishment of a Parliamentary Committee
inquiry into
the prerequisites for nuclear energy in Australia. The
terms of reference for this inquiry were relatively broad as the committee
considered a range of issues including ‘security implications’ and ‘any other
relevant matter’.[305]
The Committee also considered previous inquiries such as the South Australian
Nuclear Fuel Cycle Royal Commission from 2016 and the Switkowski nuclear energy
review from 2006.[306]
The Committee’s final report was released in December 2019 making three
recommendations for the Australian Government to consider nuclear energy
technology in the future.[307]
Although the inquiry prompted a broader discussion about potential submarine
capabilities in the future, the issue appears to have been sidelined for now.
Conclusion
The project to acquire Australia’s future submarines has
already been running for a decade. With decades more to go the longevity and
complexity of the FSP will necessitate a sufficiently informed parliament. One
of Parliament’s core functions is to scrutinise the expenditure of public funds
(especially when the project involves such large amounts). This is particularly
important given the history of difficulties encountered in complex defence
procurement projects.[308]
Undoubtedly there will be problems over the
life of the project that will require careful navigation of complex
relationships and trade-offs between various priorities, including platform
specifications, long-term industry capabilities and wider trade and industry
policies. Added to this are the evolving strategic environment and changing
technologies. How well these problems are managed will be central
to overall confidence in the program. Although there is an
understandable need for confidentiality based on commercial and national
security grounds, Parliament has only had access to limited detailed information.
The ANAO has noted, in the context of Defence’s Projects of Concern list, there has been a
reduction in transparency over the last five years and warned that not only has
transparency been reduced, but ‘the level of formality has declined with
explicit criteria replaced by unpublished principles, and processes have become
less rigorous with a greater emphasis on maintaining relationships with
industry’.[309]
The Parliament may wish to explore appropriate avenues to
systematise the provision of this information, such as regular
unclassified updates on the progress of FSP milestones; management structure
and key meetings (attendees, date and place); standards and policies;
contracts; progress on facilities and infrastructure upgrades; workforce
(including civilian and military with a breakdown of the skilled workforce
involved in the Attack class submarine build, CCSM sustainment, LOTE) and
technological advances. This would promote a seamless approach to transparency
and accountability and encourage broader confidence in the program.
Key resources
Below is a resource list of some (not all) key publications
that have relevance to the FSP and CCSMs.
Bilateral treaties—Joint Standing Committee on
Treaties
Senate Standing Committees on Economics: Future of
Australia’s Naval Shipbuilding Industry
44th Parliament
45th Parliament
RAND
Corporation
Coles reviews
Defence