DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BAE Systems Australia Pty Ltd
(AG2019/769)

BAE SYSTEMS AUSTRALIA LIMITED (BAE SYSTEMS) (NOWRA) AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 9 MAY 2019

Application for approval of the BAE Systems Australia Limited (BAE Systems) (Nowra) Enterprise Agreement 2019.

[1] Application has been made for approval of a single enterprise agreement known as the BAE Systems Australia Limited (BAE Systems) (Nowra) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by BAE Systems Australia Pty Ltd.

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, BAE Systems Australia Pty Ltd applied for approval of the BAE Systems Australia Limited (BAE Systems) (Nowra) Enterprise Agreement 2019. The applicant sought to have the agreement registered under the Fair Work Act 2009, as it had been agreed upon by the employer and the union representing the employees. The dispute primarily centred on the compliance of the agreement with the statutory requirements under the Fair Work Act and the Fair Work Regulations 2009.

The legal issues before the Commission involved determining whether the agreement met the necessary criteria for approval, including assessing if the agreement was genuinely negotiated, if it provided for a streamlined and efficient bargaining process, and if it met the standards of good faith bargaining. The Commission also needed to consider if the agreement was consistent with the Fair Work Act and the Fair Work Regulations, and whether it contained provisions that were contrary to public policy or contrary to the object of the Act.

The Commission found that the agreement had been genuinely negotiated and met the requirements set out in the Fair Work Act. It concluded that the agreement provided for a streamlined and efficient bargaining process and contained provisions that were in line with the Act. The Commission determined that the agreement did not contain any provisions that were contrary to public policy or the object of the Act. Consequently, the Commission approved the BAE Systems Australia Limited (BAE Systems) (Nowra) Enterprise Agreement 2019, and it was registered under the Fair Work Act. The applicant's application for approval of the agreement was successful.

BAE Systems Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established