BAE Systems Australia Pty Ltd

[2013] FWCA 8280

FAIR WORK COMMISSION

DECISION

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

BAE Systems Australia Pty Ltd
(AG2013/9648)

BAE SYSTEMS AUSTRALIA (TOWNSVILLE) COLLECTIVE AGREEMENT 2013 - 2015

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 23 OCTOBER 2013

Application for approval of the BAE Systems Australia (Townsville) Collective Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the BAE Systems Australia (Townsville) Collective Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 “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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 30 October 2013. The nominal expiry date of the Agreement is 1 July 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by BAE Systems Australia Pty Ltd for the approval of the BAE Systems Australia (Townsville) Collective Agreement 2013-2015. The application was made under the Fair Work Act 2009, seeking the commission's endorsement of the collective agreement, which was negotiated between the employer and the Maritime Union of Australia. The dispute centred on whether the agreement met the legislative requirements for approval and was fair and reasonable in terms of the terms and conditions of employment.

The central legal issues before the commission were whether the collective agreement complied with the procedural and substantive requirements of the Fair Work Act and the Fair Work Regulations. Specifically, the commission had to consider if the agreement was made in good faith, if the bargaining was conducted fairly, and whether the terms and conditions of employment were fair and reasonable. The commission also had to determine if the agreement met the criteria for approval, including whether it provided for a fair and efficient means of resolving workplace issues.

In making its decision, the commission considered the submissions from both parties and the provisions of the Fair Work Act and Fair Work Regulations. It found that the agreement was made in good faith and that the bargaining process was conducted fairly. The commission also concluded that the terms and conditions of employment were fair and reasonable, taking into account the nature of the work and the industry standards. The commission further determined that the agreement met the criteria for approval under the legislation. Therefore, the commission approved the BAE Systems Australia (Townsville) Collective Agreement 2013-2015, and it became a registered agreement under the Fair Work Act.

The final orders of the commission were that the BAE Systems Australia (Townsville) Collective Agreement 2013-2015 be approved and registered as a registered agreement under section 180 of the Fair Work Act. This decision provided certainty to the parties involved and established a framework for the terms and conditions of employment for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established