Bae Systems Australia Limited T/A Bae Systems Australia

[2025] FWCA 157

[2025] FWCA 157

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bae Systems Australia Limited T/A Bae Systems Australia

(AG2024/5151)

BAE SYSTEMS AUSTRALIA MANUFACTURING (EDINBURGH PARKS) ENTERPRISE AGREEMENT 2024-2027

Manufacturing and associated industries
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 16 JANUARY 2025

Application for approval of the BAE Systems Australia Manufacturing (Edinburgh Parks) Enterprise Agreement 2024-2027

1. An application has been made for approval of an enterprise agreement known as the BAE Systems Australia Manufacturing (Edinburgh Parks) Enterprise Agreement 2024-2027 (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 T/A Bae Systems Australia. The Agreement is a single enterprise agreement.

1. 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.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) I note that the Agreement covers the organisation.

1. I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

·  Clause 16.2.2 - Notice of Termination by Employee.

However, noting clause 6.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2025. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

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