DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

BAE Systems Australia Defence Pty Ltd T/A BAE Systems Australia
(AG2015/5099)

BAE SYSTEMS AUSTRALIA DEFENCE PTY LTD - HENDERSON SUPERVISOR AGREEMENT 2015 - 2016

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 OCTOBER 2015

Application for approval of the BAE Systems Australia Defence Pty Ltd – Henderson Supervisor Agreement 2015 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the BAE Systems Australia Defence Pty Ltd – Henderson Supervisor Agreement 2015 - 2016 (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 T/A 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 9 October 2015 and, in accordance with s.54, will operate from 16 October 2015. The nominal expiry date of the Agreement is 16 October 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of BAE Systems Australia Defence Pty Ltd T/A BAE Systems Australia involved an application for the approval of the BAE Systems Australia Defence Pty Ltd – Henderson Supervisor Agreement 2015 - 2016. The application was brought before the Fair Work Commission by the company. The primary dispute centred on the terms of the agreement which, if approved, would govern the working conditions and employment terms for a specific group of employees within the company.

The key legal issues that the Commission had to address were whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it provided for fair and reasonable terms for the employees. The Commission needed to determine if the agreement was in the best interest of the employees and if it complied with the provisions of the Act, particularly in relation to the scope and content of the agreement, including pay and conditions.

In deliberating on the matter, the Fair Work Commission considered various aspects of the proposed agreement. It examined the negotiation process and whether it was conducted in good faith and whether the agreement reflected a genuine bargain between the parties. The Commission also assessed the fairness of the terms proposed, including the impact on employee conditions and the overall balance of the agreement. After reviewing all submissions and evidence, the Commission found that the proposed agreement met the necessary requirements and was in the best interest of the employees. The Commission approved the BAE Systems Australia Defence Pty Ltd – Henderson Supervisor Agreement 2015 - 2016.

BAE Systems Australia Defence Pty Ltd T/A 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