BAE Systems Australia Defence Pty Ltd

[2014] FWCA 6782

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BAE Systems Australia Defence Pty Ltd
(AG2014/6984)

BAE SYSTEMS AUSTRALIA DEFENCE PTY LTD (HENDERSON) COLLECTIVE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 SEPTEMBER 2014

Application for approval of the BAE Systems Australia Defence Pty Limited (Henderson) Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the BAE Systems Australia Defence Pty Limited (Henderson) Collective Agreement 2014 - 2017 (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 Defence 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] 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.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 25 September 2014 and, in accordance with s.54, will operate from 2 October 2014. The nominal expiry date of the Agreement is 8 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for the approval of the BAE Systems Australia Defence Pty Limited (Henderson) Collective Agreement 2014 - 2017 was brought before the Fair Work Commission. The application was made by BAE Systems Australia Defence Pty Limited, the employer, and the Australian Manufacturing Workers Union, the trade union. The agreement sought approval under the Fair Work Act 2009. The union sought to have the agreement recognised as a safety net agreement, which would allow it to apply to all employees of the company, regardless of union membership.

The key legal issue before the Commission was whether the proposed agreement met the requirements of a safety net agreement as outlined in the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement provided adequate protections and entitlements for all employees, including those not members of the union. The Commission also considered whether the agreement provided a fair and reasonable safety net for the employees of the company.

The Commission found that the proposed agreement met the requirements of a safety net agreement. It provided adequate protections and entitlements for all employees of the company, regardless of union membership. The Commission noted that the agreement provided for minimum wages and conditions of employment, as well as provisions for leave, overtime, and other entitlements. The Commission was satisfied that the agreement provided a fair and reasonable safety net for the employees of the company.

The Fair Work Commission approved the BAE Systems Australia Defence Pty Limited (Henderson) Collective Agreement 2014 - 2017 as a safety net agreement. The Commission noted that the agreement provided adequate protections and entitlements for all employees of the company, regardless of union membership. The Commission was satisfied that the agreement provided a fair and reasonable safety net for the employees of the company. The Commission approved the agreement, and it will now apply to all employees of the company for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established