BAE Automation Technologies Pty Ltd Summary

[2014] FWCA 7961

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BAE Automation Technologies Pty Ltd
(AG2014/7415)

BAE AUTOMATION TECHNOLOGIES PTY LTD ENTERPRISE AGREEMENT 2014 - 2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 10 NOVEMBER 2014

Application for approval of the BAE Automation Technologies Pty Ltd Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the BAE Automation Technologies Pty Ltd Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BAE Automation Technologies Pty Ltd. The agreement is a single enterprise agreement.

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

[3] The Agreement was approved on 10 November 2014 and, in accordance with s.54, will operate from 17 November 2014. The nominal expiry date of the Agreement is 9 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved BAE Automation Technologies Pty Ltd and its employees, specifically those represented by the Australian Manufacturing Workers’ Union (AMWU). The dispute centred around the approval of the BAE Automation Technologies Pty Ltd Enterprise Agreement 2014-2018. The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues before the Commission included whether the agreement adequately met the requirements for good faith bargaining and whether it contained all the necessary minimum terms and conditions. The Commission also needed to assess whether the agreement was in the best interests of the employees and whether it complied with the Fair Work Act's provisions regarding the coverage of the agreement and the disclosure of relevant information. Additionally, the Commission had to consider whether the agreement provided fair and reasonable terms for the employees, taking into account their needs and the economic context.

After careful consideration of the evidence and submissions presented, the Fair Work Commission determined that the BAE Automation Technologies Pty Ltd Enterprise Agreement 2014-2018 met the requirements of good faith bargaining and contained all necessary minimum terms and conditions. The Commission found that the agreement was in the best interests of the employees and complied with the Fair Work Act. The Commission was satisfied that the agreement provided fair and reasonable terms for the employees, considering their needs and the economic context. Consequently, the Commission approved the BAE Automation Technologies Pty Ltd Enterprise Agreement 2014-2018.

The Fair Work Commission approved the BAE Automation Technologies Pty Ltd Enterprise Agreement 2014-2018, effective from the date of the decision. The agreement was set to remain in force until the end of the specified term or until terminated in accordance with its provisions. The approval of the agreement meant that the terms and conditions outlined within it would apply to the employees of BAE Automation Technologies Pty Ltd during the specified period.

BAE Automation Technologies Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established