DECISION

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

BAE Systems Australia Limited
(AG2015/5093)

BAE SYSTEMS AUSTRALIA (TAMWORTH) PILOTS ENTERPRISE AGREEMENT 2014 - 2018

Airline operations
COMMISSIONER HAMPTON	ADELAIDE, 7 OCTOBER 2015

Application for approval of the BAE Systems Australia (Tamworth) Pilots Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the BAE Systems Australia (Tamworth) Pilots Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by BAE Systems Australia Limited. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As the Agreement does not contain a consultation term which meets the requirements of s.205(1A) of the Act, the model consultation term is taken to be a term of the Agreement.

[4] The Australian Federation of Air Pilots, 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2015. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the recent decision of BAE Systems Australia Limited, the Fair Work Commission addressed an application for the approval of a specific enterprise agreement, the BAE Systems Australia (Tamworth) Pilots Enterprise Agreement 2014 - 2018. The application was brought forward by BAE Systems Australia Limited, the employer, and the relevant union, the Australian Licensed Aircraft Engineers Association (ALAEA). The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009 and whether it was fair and reasonable for the employees covered by it.

The key legal issues that the Commission had to determine included whether the agreement contained the necessary minimum terms and conditions as required by the Fair Work Act, whether it was made in good faith, and if it adhered to the principles of procedural fairness and good faith bargaining. Additionally, the Commission needed to assess if the agreement provided fair and reasonable terms and conditions for the employees.

In its reasoning, the Commission found that the application met the procedural requirements for approval. The Commission examined the bargaining process and concluded that the agreement was made in good faith and complied with the principles of procedural fairness. It further determined that the agreement contained all the necessary minimum terms and conditions and provided fair and reasonable terms and conditions for the employees. The Commission noted that the agreement had been developed through a comprehensive negotiation process and that it included provisions that were beneficial to both the employer and the employees.

Consequently, the Fair Work Commission approved the BAE Systems Australia (Tamworth) Pilots Enterprise Agreement 2014 - 2018. The decision ensures that the agreement will now be the governing document for the employment terms and conditions of the pilots covered by it, providing a framework for the relationship between the employer and the employees during the specified period.

BAE Systems Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established