BAE Systems Australia Ltd

Case

[2018] FWCA 370

17 JANUARY 2018


[2018] FWCA 370

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

BAE Systems Australia Ltd

(AG2017/5686)

BAE Systems Australia - Defence Aeroskills Training Academy Enterprise Agreement (“the Agreement”) 2017 - 2019

Manufacturing and associated industries

Commissioner Harper-Greenwell

MELBOURNE, 17 JANUARY 2018

Application for approval of the BAE Systems Australia - Defence Aeroskills Training Academy Enterprise Agreement (“the Agreement”) 2017-2019.

  1. An application has been made for approval of an enterprise agreement known as the BAE Systems Australia - Defence Aeroskills Training Academy Enterprise Agreement (“the Agreement”) 2017-2019. (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 Pty Ltd. The Agreement is a single enterprise agreement.

  1. 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.

  1. 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.

  1. The Agreement was approved on 17 January 2018 and, in accordance with s.54, will operate from 24 January 2018. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

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