BAE Systems Australia Limited T/A BAE Systems Australia Summary

[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

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.

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.

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.

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.

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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CaseChat Overview and Summary

The case involved BAE Systems Australia Limited, trading as BAE Systems Australia, which sought approval of the BAE Systems Australia Limited Aircraft Sustainment Enterprise Agreement 2021-2024. The application was before the Fair Work Commission, which is tasked with approving enterprise agreements under the Fair Work Act 2009. The dispute centred on the procedural fairness of the agreement and the adequacy of the consultation process with the employees.

The legal issues that the Commission had to determine were whether the agreement was properly negotiated, whether there was adequate consultation, and if the agreement met the statutory requirements for approval. The Commission had to consider the evidence presented by both parties, including the process of negotiation and consultation, the fairness of the terms, and compliance with the relevant legislative provisions.

In reaching its decision, the Commission considered the evidence and submissions made by both parties. It was satisfied that the agreement was the product of genuine bargaining, and that there had been sufficient consultation with the employees. The Commission found that the agreement met the statutory requirements and was fair and reasonable. As a result, the Commission approved the BAE Systems Australia Limited Aircraft Sustainment Enterprise Agreement 2021-2024.

The Commission's final orders were that the agreement be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The parties were directed to take all necessary steps to give effect to the approved agreement, including providing a copy to the Fair Work Commission and the affected employees. The decision provided clarity on the requirements for approving enterprise agreements and the importance of procedural fairness in the negotiation process.

BAE Systems Australia Limited T/A BAE Systems Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established