BAE Systems Australia Limited T/A BAE Systems Australia

[2017] FWCA 5745

[2017] FWCA 5745

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BAE Systems Australia Limited T/A BAE Systems Australia
(AG2017/3780)

BAE SYSTEMS AUSTRALIA LIMITED (HENDERSON) COLLECTIVE AGREEMENT 2017 - 2020

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 3 NOVEMBER 2017

Application for approval of the BAE Systems Australia Limited (Henderson) Collective Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the BAE Systems Australia Limited (Henderson) Collective Agreement 2017 – 2020 (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.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 November 2017. The nominal expiry date of the Agreement is 8 September 2020.

COMMISSIONER

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ANNEXURE A