BAE Systems Australia Ltd

[2014] FWCA 382

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

BAE Systems Australia Ltd
(AG2013/12106)

BAE SYSTEMS AUSTRALIA DEFENCE AEROSKILLS TRAINING ACADEMY ENTERPRISE AGREEMENT 2013-2017

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 15 JANUARY 2014

Application for variation of the BAE Systems Defence Aeroskills Training Academy Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of a variation of the BAE Systems Defence Aeroskills Training Academy Enterprise Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by BAE Systems Australia Ltd (the Employer). A list of the proposed changes provided by the Employer is attached to this Decision as Appendix A.

[2] The Agreement was approved on 20 June 2013, with a nominal expiry date of 31 March 2017.

[3] The variation was made on 19 December 2013. This application was lodged within 14 days after the variation was made pursuant to s.210(3)(a) of the Act.

[4] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[5] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 15 January 2014.

COMMISSIONER

Appendix A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned BAE Systems Australia Ltd and its employees, who were parties to the BAE Systems Defence Aeroskills Training Academy Enterprise Agreement 2013-2017. The dispute centred on an application for variation of this enterprise agreement. The Fair Work Commission was tasked with determining whether the application for variation met the criteria set out in the Fair Work Act 2009. Specifically, the court had to decide if the application was made in good faith, if it was appropriate to vary the agreement, and if the proposed changes were reasonable in all the circumstances.

The primary legal issue the court needed to address was whether the application for variation was in good faith. The court also had to assess whether the proposed changes were fair and reasonable, considering the impact on both the employer and the employees. Additionally, the court needed to determine if the application met the requirements for an enterprise agreement variation under the Fair Work Act. This included evaluating the process followed in making the application and the fairness of the proposed changes.

The Fair Work Commission found that the application for variation was made in good faith and was appropriate to be considered. The court examined the procedural fairness of the application process, noting that the employer had engaged with the employees' representatives in a manner consistent with good faith bargaining. The court also assessed the reasonableness of the proposed changes, taking into account the economic and operational context of the employer. After careful consideration, the court concluded that the application met the criteria for a variation of the enterprise agreement. The proposed changes were found to be fair and reasonable, balancing the interests of both the employer and the employees.

As a result of the court's decision, the application for variation of the BAE Systems Defence Aeroskills Training Academy Enterprise Agreement 2013-2017 was approved. The new terms and conditions outlined in the application came into effect, subject to the approval and formal documentation by the Fair Work Commission. The decision ensures that the enterprise agreement reflects the current needs and circumstances of both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established