DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BAE Systems Australia Limited
(AG2015/1001)

BAE SYSTEMS AUSTRALIA LIMITED (BAE SYSTEMS) (NOWRA) COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	BRISBANE, 18 JUNE 2015

Application for approval of the BAE Systems Australia Limited (BAE Systems) (Nowra) Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the BAE Systems Australia Limited (BAE Systems) (Nowra) Collective Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by BAE Systems Australia Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] On 13 May 2015 an undertaking was provided which is annexed to this decision and marked “Annexure A”. On 9 June 2015 a further undertaking was also provided which is annexed to this decision and marked “Annexure B”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 25 June 2015. The nominal expiry date of the Agreement is 31 March 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

ANNEXURE B

CaseChat Overview and Summary

In the recent matter of BAE Systems Australia Limited, the Fair Work Commission was tasked with approving the BAE Systems (Nowra) Collective Agreement 2015. This decision emerged from a dispute concerning the terms and conditions of employment for workers at BAE Systems' Nowra facility. The application for approval was brought forth by the employer, BAE Systems Australia Limited, who sought to formalise the terms agreed upon with the employees’ representative, the Maritime Union of Australia.

The central legal issues before the Commission involved ensuring that the proposed collective agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement adhered to the provisions governing the registration of agreements, including the necessity for the agreement to offer improved terms and conditions of employment compared to the relevant industrial instrument. Additionally, the Commission assessed whether the agreement met the criteria for being a "better off overall" agreement, ensuring that employees would not be worse off under the new agreement.

The Fair Work Commission deliberated on the provisions of the agreement and the submissions made by both parties. The Commission found that the BAE Systems (Nowra) Collective Agreement 2015 provided employees with improved terms and conditions of employment compared to the existing industrial instrument. It also concluded that the agreement was a "better off overall" agreement, meaning that employees would experience an overall improvement in their conditions of employment. As a result, the Commission approved the agreement, recognising it as a legally binding contract between BAE Systems and the Maritime Union of Australia.

In light of the approval, the BAE Systems (Nowra) Collective Agreement 2015 was registered, effective from the date of the Commission's decision. This registration formalised the terms and conditions of employment for the employees at the Nowra facility, providing a clear framework for their working conditions moving forward.

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