BAE Systems Australia Limited T/A BAE Systems Australia

[2022] FWCA 3064

[2022] FWCA 3064

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BAE Systems Australia Limited T/A BAE Systems Australia

(AG2022/3458)

BAE Systems Australia Limited Aircraft Sustainment Enterprise Agreement 2021-2024

Airline operations
COMMISSIONER SCHNEIDER	PERTH, 2 SEPTEMBER 2022

Application for approval of the BAE Systems Australia Limited Aircraft Sustainment Enterprise Agreement 2021-2024

1. BAE Systems Australia Limited T/A BAE Systems Australia has made an application for the approval of an enterprise agreement known as the BAE Systems Australia Limited Aircraft Sustainment Enterprise Agreement 2021-2024 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

1. Clause 4.3 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

1. The Australian Workers’ Union and the Australian Manufacturing Workers' Union (the Unions), being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover them. In accordance with section 201(2) of the Act, and based on the declaration provided by the Unions, I note that the Unions are covered by the Agreement.

1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 9 September 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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