BAE Systems Australia Ltd Summary

[2013] FWCA 3909

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

BAE Systems Australia Ltd
(AG2013/1469)

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

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 20 JUNE 2013

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

[1] An application has been made for approval of an enterprise agreement known as the BAE Systems Australia Defence Aeroskills Training Academy Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by BAE Systems Australia Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 27 June 2013. The nominal expiry date is 31 March 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, BAE Systems Australia Ltd, sought approval for the BAE Systems Australia Defence Aeroskills Training Academy Enterprise Agreement 2013-2017 before the Fair Work Commission. The applicant is an employer engaged in the aerospace and defence industries, with the Defence Aeroskills Training Academy providing specialised training services. The Fair Work Commission was tasked with determining whether the proposed agreement complied with the relevant legislative framework and whether it was in the best interests of the employees.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. This included assessing whether the agreement provided for minimum entitlements, was free from prohibited content, and was in the best interests of the employees. The Commission also needed to consider whether the agreement adequately addressed the needs and conditions of the employees within the specified enterprise.

In evaluating the proposed agreement, the Commission examined various aspects such as the terms and conditions of employment, the classification of employees, and the dispute resolution mechanisms. The Commission found that the agreement provided for all the minimum entitlements required by law and did not contain any prohibited content. Moreover, the agreement was deemed to be in the best interests of the employees as it included provisions for fair and reasonable terms of employment, adequate classification, and appropriate dispute resolution processes. The Commission approved the agreement, acknowledging its balance in addressing both the employer's and employees' interests.

As a result of the approval, the BAE Systems Australia Defence Aeroskills Training Academy Enterprise Agreement 2013-2017 was ratified, providing a legally binding framework for the terms and conditions of employment for the specified period. The approval ensured that the agreement complied with the legislative requirements and met the best interests of the employees, thus providing a stable and fair working environment.

BAE Systems Australia Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established