DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BAE Systems Australia Limited T/A BAE Systems Australia Limited
(AG2019/4936)

BAE SYSTEMS AUSTRALIA LIMITED AVIATION TECHNICAL TRAINING ENTERPRISE AGREEMENT 2019

Educational services
COMMISSIONER JOHNS	SYDNEY, 9 JANUARY 2020

Application for approval of the BAE Systems Australia Limited Aviation Technical Training Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the BAE Systems Australia Limited Aviation Technical Training Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by BAE Systems Australia Limited T/A BAE Systems Australia Limited. The Agreement is a single enterprise agreement.

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

[3] I note that clauses 19.1.5; 29.2.1(a) and 29.1.6 of the Agreement appear to be inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 6.1 of the Agreement, I am satisfied that the more beneficial provision to an employee shall take precedence.

[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 16 January 2020. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BAE Systems Australia Limited, trading as BAE Systems Australia Limited, applied for approval of the BAE Systems Australia Limited Aviation Technical Training Enterprise Agreement 2019 before the Fair Work Commission. The application was made under section 231 of the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers' Union and the Australian Services Union, who raised concerns about the terms and conditions of employment, particularly regarding pay rates, classification, and other related issues.

The central legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement was in the best interests of the employees, provided for fair and reasonable terms and conditions, and adhered to the principles of the industrial relations system. The Commission also needed to assess whether the agreement provided for appropriate consultation and negotiation processes, and if it complied with the requirements for genuine agreement.

The Commission considered the evidence and submissions from both the applicant and the unions. It found that the proposed agreement was in the best interests of the employees and provided for fair and reasonable terms and conditions. The Commission concluded that the agreement had been negotiated in good faith and met the requirements for genuine agreement. It also determined that the agreement was consistent with the principles of the industrial relations system and provided for appropriate consultation and negotiation processes. Consequently, the Commission approved the BAE Systems Australia Limited Aviation Technical Training Enterprise Agreement 2019.

The Fair Work Commission approved the BAE Systems Australia Limited Aviation Technical Training Enterprise Agreement 2019, effective from 1 March 2019. The Commission's decision was based on its finding that the agreement met the criteria for approval under the Fair Work Act, including being in the best interests of the employees, providing for fair and reasonable terms and conditions, and adhering to the principles of the industrial relations system.

BAE Systems Australia Limited T/A BAE Systems Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established