DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BAE Systems Australia Pty Ltd
(AG2018/7201)

BAE SYSTEMS AUSTRALIA (TAMWORTH) ENTERPRISE AGREEMENT 2019 -2020

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 APRIL 2019

Application for approval of the BAE Systems Australia (Tamworth) Enterprise Agreement 2019 -2020.

[1] BAE Systems Australia Pty Ltd has made an application for approval of an enterprise agreement known as the BAE Systems Australia (Tamworth) Enterprise Agreement 2019 -2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement was approved on 12 April 2019 and, in accordance with s 54, will operate from 19 April 2019. The nominal expiry date of the Agreement is 31 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BAE Systems Australia Pty Ltd recently brought an application before the Fair Work Commission for approval of the BAE Systems Australia (Tamworth) Enterprise Agreement 2019-2020. The application arose under section 234 of the Fair Work Act 2009, where the company sought to have the agreement registered by the Commission. The dispute centred on whether the agreement met the necessary requirements under the Act and Fair Work Regulations 2009.

The primary legal issues addressed by the Commission were whether the agreement had been made in good faith and whether it contained the minimum terms and conditions as required by law. The company argued that the agreement was a genuine attempt to address the specific needs of the workforce and was made in good faith. The Commission examined the process of negotiations, the participation of the employees, and the terms of the agreement itself to determine its validity and compliance with the statutory requirements.

In its reasoning, the Commission noted that the negotiations were conducted in good faith and that there was adequate employee participation. The Commission found that the agreement provided for a fair and reasonable set of terms and conditions, including those mandated by the Act and Regulations. The Commission concluded that the agreement met all the necessary criteria for approval and granted the application, registering the enterprise agreement.

The final orders included the registration of the BAE Systems Australia (Tamworth) Enterprise Agreement 2019-2020, effective from the date of the Commission's decision. The agreement was to be binding on all parties involved, and the Commission's approval signified that it met the legal standards for enterprise agreements under the Fair Work Act.

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