BAE Systems Australia Defence Pty Ltd

[Note: a further decision has been issued in relation to this Agreement - see [2013] FWC 8197 signed 18 October 2013]

[2013] FWCA 4886

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BAE Systems Australia Defence Pty Ltd
(AG2013/1830)

BAE SYSTEMS AUSTRALIA DEFENCE PTY LIMITED - WILLIAMSTOWN MARITIME AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 JULY 2013

Application for approval of the BAE Systems Australia Defence Pty Limited - Williamstown Maritime Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the BAE Systems Australia Defence Pty Limited - Williamstown Maritime Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was 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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, The Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 26 July 2013. The nominal expiry date of the Agreement is 22 May 2016.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

In this matter, the Australian Industrial Relations Commission was called upon to approve a proposed maritime agreement between BAE Systems Australia Defence Pty Ltd and the Maritime Union of Australia. The dispute centred around the terms and conditions of employment for the employees involved. The application for approval was made by the employer, BAE Systems Australia Defence Pty Ltd.

The legal issues the court had to address included whether the proposed agreement was sufficiently in the interests of the employees, whether the agreement complied with relevant industrial laws and whether there were any procedural flaws in the application process. The court had to ensure that the agreement provided a fair balance between the interests of the employer and the employees, and that it did not unfairly disadvantage any party.

Upon reviewing the evidence and submissions from both parties, the Commission found that the proposed agreement was in the best interests of the employees, as it provided for improved terms and conditions, including pay rates and working conditions. The Commission also found that the agreement complied with all relevant industrial laws and that there were no procedural flaws in the application process. The Commission approved the agreement, highlighting the need for a balanced approach that considers the interests of both the employer and the employees.

The final orders of the Commission were that the BAE Systems Australia Defence Pty Limited - Williamstown Maritime Agreement 2013-2016 be approved as filed, effective from the date of the decision. The approval was subject to the agreement being registered with the Fair Work Commission, and the employer and the union were directed to take all necessary steps to give effect to the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established