DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BAE Systems Australia Limited T/A BAE Systems Australia Limited
(AG2018/7161)

BAE SYSTEMS AUSTRALIA MANUFACTURING (EDINBURGH PARKS), ENTERPRISE AGREEMENT 2018-2021

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 18 APRIL 2019

Application for approval of the BAE Systems Australia Manufacturing (Edinburgh Parks) Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the BAE Systems Australia Manufacturing (Edinburgh Parks) Enterprise Agreement 2018 - 2021 (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 Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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 25 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

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 Limited, and the Australian Manufacturing Workers' Union. The dispute was about the approval of the BAE Systems Australia Manufacturing (Edinburgh Parks) Enterprise Agreement 2018-2021. The matter was heard in the Fair Work Commission. The key legal issue was whether the agreement provided for the payment of wages and conditions that met the safety net standards as required by the Fair Work Act 2009. Additionally, the court needed to determine whether the agreement appropriately balanced the interests of the employees and the employer, and whether it complied with all relevant provisions of the Fair Work Act.

The Fair Work Commission examined the terms of the enterprise agreement, focusing on the wage rates, penalty rates, and other conditions. The commission considered whether these terms provided fair and reasonable protections for employees and whether they allowed for a fair and efficient workplace. The court also assessed the bargaining process and whether the agreement was made in good faith. The commission concluded that the agreement did meet the safety net standards and was made in good faith, balancing the interests of both parties. The agreement was approved as it provided for fair and reasonable terms and conditions that complied with the requirements of the Fair Work Act.

The Fair Work Commission approved the BAE Systems Australia Manufacturing (Edinburgh Parks) Enterprise Agreement 2018-2021, finding it met the necessary legal standards. The agreement was deemed to provide fair and reasonable terms and conditions for employees and to be made in good faith. The decision emphasised the importance of balancing the interests of both the employer and the employees in enterprise agreements. The commission's approval ensures that the agreement will operate effectively within the regulatory framework established by the Fair Work Act.

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