DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BAE Systems Australia Pty Ltd
(AG2018/7214)

BAE SYSTEMS AUSTRALIA (TAMWORTH) PILOTS ENTERPRISE AGREEMENT 2019

Airline operations
COMMISSIONER YILMAZ	MELBOURNE, 12 APRIL 2019

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

[1] An application has been made for approval of an enterprise agreement known as the BAE Systems Australia (Tamworth) Pilots Enterprise Agreement 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.

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

[3] The Australian Federation of Air Pilots 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, will operate from 19 April 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of BAE Systems Australia Pty Ltd, the applicant sought approval for the BAE Systems Australia (Tamworth) Pilots Enterprise Agreement 2019 under the Fair Work Act 2009. The applicant argued that the agreement should be approved as it provided for fair and reasonable terms and conditions of employment for the relevant employees. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the legislation.

The central legal issues revolved around whether the agreement contained terms that were fair and reasonable, and whether it complied with the requirements of the Fair Work Act. This included assessing the agreement's provisions regarding wages, hours of work, leave entitlements, and other employment conditions. The Commission also had to consider whether the agreement was genuinely negotiated and whether it included appropriate dispute resolution mechanisms.

In delivering its decision, the Commission found that the BAE Systems Australia (Tamworth) Pilots Enterprise Agreement 2019 was fair and reasonable, and complied with the requirements of the Fair Work Act. The Commission was satisfied that the agreement contained appropriate terms and conditions for the employees and that it was genuinely negotiated between the parties. The Commission also noted that the agreement included effective dispute resolution mechanisms. As a result, the Commission approved the agreement, subject to certain minor modifications.

The Fair Work Commission approved the BAE Systems Australia (Tamworth) Pilots Enterprise Agreement 2019, subject to minor modifications, and directed that the agreement be registered with the Fair Work Commission. The modifications related to clarifying certain provisions and ensuring that the agreement aligned with relevant legislative requirements. The decision provided clarity for the parties involved and ensured that the employees covered by the agreement would benefit from fair and reasonable employment terms.

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