BAE Systems Australia Limited T/A BAE Systems Australia Limited

[2019] FWCA 4385

[2019] FWCA 4385

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BAE Systems Australia Limited T/A BAE Systems Australia Limited
(AG2019/1596)

BAE SYSTEMS AUSTRALIA INTEGRATED SYSTEMS ENTERPRISE AGREEMENT 2019-2021

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 25 JUNE 2019

Application for approval of the BAE Systems Australia Integrated Systems Enterprise Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the BAE Systems Australia Integrated Systems Enterprise Agreement 2019-2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by BAE Systems Australia Limited T/A BAE Systems Australia Limited. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 4 June 2019.

[3] On 11 June 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 20 June 2019. The undertaking deals with the following topics:

•  For the purposes of clause 23 of the Agreement, the Applicant confirms that the BAE Systems Limited Superannuation Scheme is Mercer Superannuation, which is a MySuper product.

•  The Applicant undertakes that clause 16 of the Agreement will operate subject to the National Employment Standards (NES).

•  The Applicant undertakes that clause 18.5.3 of the Agreement will operate subject to the NES.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[8] The “The Australian Workers’ Union (AWU)”, 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) of the Act I note that the Agreement covers this organisation.

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

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 December 2021.

COMMISSIONER

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