DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BAE Systems Australia Limited
(AG2015/497)

BAE SYSTEMS AUSTRALIA (TAMWORTH) ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 27 MARCH 2015

Application for approval of the BAE Systems Australia (Tamworth) Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the BAE Systems Australia (Tamworth) Enterprise Agreement 2015-2018 (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 Agreement is approved and, in accordance with s54 of the Act, will operate from 3 April 2015. The nominal expiry date of the Agreement is 31 December 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BAE Systems Australia Limited sought approval for their Enterprise Agreement 2015-2018 from the Fair Work Commission. The application involved consideration of the agreement's compliance with the Fair Work Act 2009 and relevant industrial instruments. The legal issues primarily centred on whether the agreement met the requirements for approval, including the procedural fairness in the bargaining process and the substantive fairness of the terms and conditions outlined in the agreement.

The Fair Work Commission examined the bargaining process and the terms of the agreement. They considered if the bargaining was conducted in good faith, whether there was sufficient representation of the parties involved, and if the agreement provided fair and reasonable terms for the employees. The Commission also evaluated if the agreement contained mandatory provisions and whether it was consistent with the provisions of the Fair Work Act and the National Employment Standards.

In delivering their decision, the Fair Work Commission found that the agreement was made in good faith, with adequate representation and did not disadvantage employees. The terms and conditions were deemed fair and reasonable. The Commission also confirmed that the agreement complied with all mandatory provisions and did not contravene the National Employment Standards. Consequently, the Commission approved the BAE Systems Australia (Tamworth) Enterprise Agreement 2015-2018.

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