BAE Systems Australia Limited

[2014] FWCA 5990

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BAE Systems Australia Limited
(AG2014/8754)

BAE SYSTEMS AUSTRALIA LIMITED- BANKSTOWN COLLECTIVE AGREEMENT -2014 - 2016

Technical services
COMMISSIONER CRIBB	MELBOURNE, 29 AUGUST 2014

Application for approval of the BAE Systems Australia Limited- Bankstown Collective Agreement -2014 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the BAE Systems Australia Limited- Bankstown Collective Agreement -2014 - 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 Limited. The agreement is a single-enterprise agreement.

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

[3] The Agreement was approved in Chambers on 29 August 2014 and, in accordance with s.54 of the Act, will operate from 5 September 2014. The nominal expiry date of the Agreement is 1 July 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved BAE Systems Australia Limited and its employees, with the dispute centering around the approval of a collective agreement for the period 2014-2016. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal. The primary legal issues at stake concerned whether the collective agreement complied with the relevant industrial legislation and whether it was made in good faith and without coercion.

The Fair Work Commission examined the negotiation process of the agreement, the fairness of its terms, and whether it was appropriately made without any undue influence. The court assessed whether the agreement met the criteria for approval under the Fair Work Act 2009, focusing on the transparency and fairness of the bargaining process. The Commission also evaluated the provisions of the agreement to ensure they adhered to the principles of good faith bargaining and did not unfairly disadvantage any party.

After a thorough review, the Fair Work Commission found that the collective agreement met the necessary standards for approval. The Commission concluded that the agreement was made in good faith, without coercion, and contained terms that were fair and reasonable. The Commission was satisfied that the bargaining process was transparent and that the agreement did not contain any provisions that were against the public interest. Consequently, the Commission approved the BAE Systems Australia Limited-Bankstown Collective Agreement for the period 2014-2016.

The Fair Work Commission's decision was to grant approval of the collective agreement, affirming that it complied with the Fair Work Act 2009 and was made under appropriate conditions. This ruling ensures that the terms of the agreement will be legally binding between BAE Systems Australia Limited and its employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established