ASC Shipbuilding Pty Ltd T/A BAE Systems Maritime Australia

[2023] FWCA 635

[2023] FWCA 635

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

ASC Shipbuilding Pty Ltd T/A BAE Systems Maritime Australia

(AG2023/344)

BAE Systems Maritime Australia (Osborne) Agreement 2021-2024

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 28 FEBRUARY 2023

Application for approval of the BAE Systems Maritime Australia (Osborne) Agreement 2021-2024

1. An application has been made for approval of an enterprise agreement known as the BAE Systems Maritime Australia (Osborne) Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ASC Shipbuilding Pty Ltd T/A BAE Systems Maritime Australia (the Applicant). The Agreement is a single enterprise agreement.

1. Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

1. As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

1. The Australian Workers’ Union (AWU), Australian Manufacturing Workers’ Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

1. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 March 2023. The nominal expiry date of the Agreement is 27 September 2024.

COMMISSIONER

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