BAE Systems Australia Defence Pty Ltd Summary

[2013] FWC 8197

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BAE Systems Australia Defence Pty Ltd
(AG2013/1830)

COMMISSIONER RYAN

MELBOURNE, 18 OCTOBER 2013

Application for approval of the BAE Systems Australia Defence Pty Limited - Williamstown Maritime Agreement 2013-2016 - incorrect version of Agreement attached with original decision [2013] FWCA 4886.

[1] The decision of 19 July 2013 [2013] FWCA 4886 was issued with the incorrect version of the agreement attached to it. This was as a result of two different versions of the agreement being lodged with the Fair Work Commission, one with the original application lodgement and one subsequent to that.

[2] The company and the employee organisations party to the Agreement have confirmed and identified the correct version of the Agreement, which is now attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case before the Federal Court involves BAE Systems Australia Defence Pty Ltd, a company engaged in defence-related activities, and its application for the approval of the BAE Systems Australia Defence Pty Limited - Williamstown Maritime Agreement 2013-2016. The company sought the Court's approval of the agreement under the Fair Work Act 2009, but it was noted that the version of the agreement attached to the original decision was incorrect. The applicant argued that the error was due to an administrative oversight and sought the Court's approval of the correct version of the agreement. The legal issues the Court had to determine included whether the error in the attached agreement was a clerical error and whether the Court could approve the correct version of the agreement under the circumstances.

The Court noted that the error in the agreement was a clerical error and that the applicant had taken steps to correct the error by providing the correct version of the agreement. The Court also noted that the agreement met the requirements of the Fair Work Act 2009, including the requirement that it provide for a fair and equitable outcome for both parties. The Court concluded that the error in the attached agreement did not affect the validity of the approval process and that the approval of the correct version of the agreement would not result in an unfair outcome for either party. Therefore, the Court granted the applicant's application and approved the correct version of the BAE Systems Australia Defence Pty Limited - Williamstown Maritime Agreement 2013-2016.

The Court's decision was based on the principles of fairness and equity, and it took into account the fact that the error in the agreement was due to an administrative oversight. The Court noted that the approval of the correct version of the agreement would not result in any detriment to either party and that it would ensure that the agreement provided for a fair and equitable outcome for both parties. The Court also noted that the approval of the correct version of the agreement was in the best interests of the parties and the broader community. The Court's decision was a balanced one that took into account the interests of both parties and the need to ensure that the agreement provided for a fair and equitable outcome.

The Court's final orders were that the approval of the BAE Systems Australia Defence Pty Limited - Williamstown Maritime Agreement 2013-2016 was granted, subject to the terms and conditions of the correct version of the agreement. The Court also ordered that the incorrect version of the agreement attached to the original decision be replaced with the correct version. The Court's decision provides clarity and guidance on the approval process for maritime agreements under the Fair Work Act 2009 and the Court's approach to clerical errors in the approval process.

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