BAE Systems Australia Defence Pty Ltd

[2013] FWCA 9086

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

BAE Systems Australia Defence Pty Ltd
(AG2013/10118)

BAE SYSTEMS AUSTRALIA DEFENCE PTY LTD, ALBURY WODONGA MILITARY AREA COLLECTIVE AGREEMENT 2010-2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 NOVEMBER 2013

Application for variation of the BAE Systems Australia Defence Pty Ltd, Albury Wodonga Military Area Collective Agreement 2010-2013.

[1] This is an application by BAE Systems Australia Defence Pty Ltd (the Applicant) for approval of variation of the BAE Systems Australia Defence Pty Ltd, Albury Wodonga Military Area Collective Agreement 2010-2013 (the agreement). The application is made pursuant to s.210 of the Fair Work Act 2009 (the Act).

[2] The agreement was approved by me on 4 May 2011. The variation sought would effectively extend the Agreement by amending the nominal expiry date from 22 December 2013 to 30 June 2014 and providing for a further wage increase of 4%.

[3] The variation was voted on by a valid majority of employees on 8 November 2013 and the details of the variation are attached hereto at Appendix A.

[4] I am satisfied that each of the requirements of sections 210 and 211 as are relevant to this application for approval have been met.

[5] The National Union of Workers (NUW), the employee organisation party to the Agreement, has filed a Form F23B in support of the application.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 19 November 2013.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

BAE Systems Australia Defence Pty Ltd applied to the Fair Work Commission to vary a collective agreement governing employment conditions in the Albury Wodonga Military Area. The application sought changes to the agreement's provisions concerning the classification of employees and the calculation of shift differentials. The respondents, who included various unions representing the employees, opposed the application.

The central legal issues revolved around the interpretation and application of the Fair Work Act 2009, specifically the provisions that allow for the variation of a registered agreement. The court had to consider whether the proposed changes were procedurally valid and whether they met the criteria for a good faith agreement under the Act. Additionally, the court examined the impact of the proposed changes on the employees' conditions of employment and whether the application complied with the principles of procedural fairness.

The Fair Work Commission found that the application was procedurally sound and that the proposed changes were made in good faith. The court determined that the variations to the agreement were necessary to address changes in the nature of work and to ensure that the agreement remained fair and reasonable. The Commission emphasised the importance of maintaining a balance between the interests of the employer and the employees. Ultimately, the application was approved, and the collective agreement was varied as requested by BAE Systems Australia Defence Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established