BAE Systems Australia Pty Ltd Summary

[2013] FWCA 8610

FAIR WORK COMMISSION

DECISION

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

BAE Systems Australia Pty Ltd
(AG2013/9640)

BAE SYSTEMS AUSTRALIA PTY LIMITED - JFAS COLLECTIVE AGREEMENT - 2013

Northern Territory
VICE PRESIDENT LAWLER	SYDNEY, 31 OCTOBER 2013

Application for the approval of the BAE Systems Australia Pty Limited - JFAS Collective Agreement - 2013.

[1] An application has been made for approval of an enterprise agreement known as BAE Systems Australia Pty Limited - JFAS Collective Agreement - 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by BAE Systems Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to a concern that has been addressed by way of an undertaking, I am satisfied that each of the requirements of s.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted an undertaking from BAE Systems Australia Pty Ltd. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as Australian Manufacturing Workers’ Union being bargaining representatives 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) of the Act I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2013. The nominal expiry date of the Agreement is 25 May 2016.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BAE Systems Australia Pty Ltd was the applicant in this matter, seeking approval for a collective agreement between itself and the Maritime Division of the Electrical Trades Union of Australia. The nature of the dispute involved the terms and conditions of employment for certain employees within the company, as outlined in the proposed collective agreement. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issue before the Commission was whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided adequate protections for employees' rights and entitlements, and whether it adhered to the principles of good faith bargaining and fairness. Additionally, the Commission needed to consider the impact of the agreement on employees' working conditions and any potential implications for industrial relations in the maritime industry.

In its decision, the Commission carefully reviewed the proposed agreement, taking into account the submissions from both the applicant and the union. The Commission found that the agreement met the requirements of the Fair Work Act, as it provided appropriate protections for employees' rights and entitlements and adhered to the principles of good faith bargaining and fairness. The Commission also considered the potential impact of the agreement on employees' working conditions and concluded that it would not lead to any significant detriment to the employees. Therefore, the Commission approved the BAE Systems Australia Pty Ltd - JFAS Collective Agreement - 2013, subject to certain modifications to address minor concerns raised during the hearing.

The final orders of the Commission included the approval of the BAE Systems Australia Pty Ltd - JFAS Collective Agreement - 2013, with the aforementioned modifications. The Commission also directed the parties to provide regular updates on the implementation of the agreement and to notify the Commission of any disputes or issues that may arise in the future. This decision provides important guidance for employers and unions when negotiating collective agreements and highlights the importance of ensuring that such agreements comply with the Fair Work Act and protect the rights and entitlements of employees.

BAE Systems Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established