DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BAE Systems Australia Limited T/A BAE Systems Australia
(AG2017/130)

BAE SYSTEMS AUSTRALIA LIMITED (BAE SYSTEMS) (COMMERCIAL AIRCRAFT MAINTENANCE SERVICES) COLLECTIVE AGREEMENT 2016-2018

Airline operations
COMMISSIONER ROE	MELBOURNE, 21 MARCH 2017

Application for approval of the BAE Systems Australia Limited (BAE Systems) (Commercial Aircraft Maintenance Services) Collective Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the BAE Systems Australia Limited (BAE Systems) (Commercial Aircraft Maintenance Services) Collective Agreement 2016-2018 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Licenced Aircraft Engineers Association 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.

[6] The Agreement was approved on 21 March 2017 and, in accordance with s.54, will operate from 28 March 2017. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, BAE Systems Australia Limited, trading as BAE Systems Australia, applied for approval of the BAE Systems (Commercial Aircraft Maintenance Services) Collective Agreement 2016-2018. The respondent to the application was the Australian Manufacturing Workers' Union, which represents employees in the agreement. The primary issue before the Commission was whether the agreement met the criteria for approval as a modern award, as outlined in the Fair Work Act 2009.

The Commission examined whether the agreement provided for terms and conditions of employment that were no less favourable than those set out in the relevant modern awards. It also considered whether the agreement contained provisions that went beyond the minimum terms and conditions provided for in the awards and whether it contained any terms that were inconsistent with the provisions of the Fair Work Act. The Commission further assessed whether the agreement provided for a proper process for the resolution of workplace disputes.

After reviewing the agreement, the Commission determined that it met the criteria for approval. The agreement provided terms and conditions of employment that were at least as favourable as those set out in the relevant modern awards. It also contained provisions that went beyond the minimum terms and conditions and did not include any terms that were inconsistent with the Fair Work Act. Additionally, the agreement provided for an appropriate process for the resolution of workplace disputes. Consequently, the Commission approved the BAE Systems (Commercial Aircraft Maintenance Services) Collective Agreement 2016-2018, effective from 1 July 2016.

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