DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BAE Systems Australia
(AG2015/5500)

BAE SYSTEMS AUSTRALIA MANUFACTURING (EDINBURGH PARKS), ENTERPRISE AGREEMENT 2015 - 2018

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 SEPTEMBER 2015

Application for approval of the BAE Systems Australia Manufacturing (Edinburgh Parks), Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the BAE Systems Australia Manufacturing (Edinburgh Parks), Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BAE Systems Australia. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 29 September 2015 and, in accordance with s.54, will operate from 6 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, BAE Systems Australia applied for the approval of the BAE Systems Australia Manufacturing (Edinburgh Parks) Enterprise Agreement 2015-2018. The applicant is a defence contractor, and the respondent is the Australian Defence Force Defence Maritime Technology Union. The dispute involves the terms and conditions of employment for workers at the Edinburgh Parks manufacturing facility.

The legal issues before the Commission involved whether the terms of the enterprise agreement complied with the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the "better off overall test" and whether it contained all the "protected action" provisions required by the Act.

The Commission found that the agreement met the better off overall test, as the employees would be better off with the proposed agreement than without it. The agreement included provisions that addressed the employees' pay, conditions, and other matters in a manner that was fair and reasonable. The Commission also found that the agreement contained all the required "protected action" provisions, which are designed to protect employees' rights during industrial action. As such, the Commission approved the enterprise agreement.

The Fair Work Commission approved the BAE Systems Australia Manufacturing (Edinburgh Parks) Enterprise Agreement 2015-2018, finding that it met the requirements of the Fair Work Act 2009. The agreement was approved subject to certain conditions, including the requirement that the applicant provide certain information to the Commission within specified timeframes.

BAE Systems Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established