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

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved BAE Systems Australia Limited, trading as BAE Systems Australia, which applied for approval of the BAE Systems Australia Limited (Henderson) Collective Agreement 2017-2020. The application was heard by the Fair Work Commission. The dispute centred around the terms of the collective agreement which sought to regulate the employment conditions of employees at the Henderson shipyard. The central issues for the Commission to decide were whether the agreement met the requirements of section 233 of the Fair Work Act 2009, and whether it provided for the proper management of the workplace.

The Commission examined whether the agreement contained all the mandatory topics prescribed by section 234 of the Act and whether it was made in good faith and without coercion. The agreement in question included provisions for wages and conditions, dispute resolution, and other workplace matters. The Commission also assessed if the agreement was consistent with the Fair Work (Registered Organisations) Act 2009, which mandates that registered organisations must act in the best interests of their members. Following its analysis, the Commission concluded that the agreement was made in good faith, without any evidence of coercion, and that it covered all the mandatory topics as required by the Act.

The Fair Work Commission approved the collective agreement, recognising that it adhered to the statutory requirements and was in the best interests of the employees. The decision underscored the importance of ensuring that all mandatory topics were addressed and that the agreement was made without coercion, in line with the principles of good faith bargaining. The Commission's approval was based on its finding that the agreement met these criteria and provided for the proper management of the workplace. The final orders confirmed the approval of the BAE Systems Australia Limited (Henderson) Collective Agreement 2017-2020.

BAE Systems Australia Limited T/A BAE Systems Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established