BAE Systems Australia Pty Ltd

Case [2013] FWCA 5724

[2013] FWCA 5724

FAIR WORK COMMISSION

DECISION


Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

BAE Systems Australia Pty Ltd
(AG2013/2064)

BAE SYSTEMS AUSTRALIA PTY LTD GARRISON SUPPORT SERVICES ENTERPRISE AGREEMENT

Manufacturing and associated industries

SENIOR DEPUTY PRESIDENT DRAKE

SYDNEY, 14 AUGUST 2013

Application for variation of the BAE Systems Australia Pty Ltd Garrison Support Services Enterprise Agreement.

[1] An application has been made by BAE Systems Australia Pty Ltd for variation of the BAE Systems Australia Pty Ltd Garrison Support Services Enterprise Agreement (the Agreement) as follows:

[2] By deleting the title of the agreement and replacing with “BAE Systems Australia Pty Ltd Garrison Support Services Enterprise Agreement 2010-2014”.

[3] By deleting “19 July 2013” from clause 8.1 and replacing it with “19 July 2014”.

[4] By deleting clause 20.5 Wage Increases and replacing with the following:

20.5 Wage Increases

20.5.1 The above wages shall increase as follows:-

    ● A 4% increase shall occur from the first full pay period on or after the 19th July 2010.
    ● A further 4% increase shall occur from the first full pay period on or after the 19th July 2011.
    ● A further 4% increase shall occur from the first full pay period on or after the 19th July 2012.
    ● A further 4% increase shall occur from the first full pay period on or after the 19th July 2013.

20.5.2 The $ amounts for weekly wages as a consequence of the increases prescribed herein are as follows: -

    From the first full pay period on or after the 19th July 2010

    Level

    1

    2

    3

    4

    5

    6

    7

    8

    Rate

    $1230.60

    $1136.42

    $1044.75

    $954.73

    $910.12

    $845.72

    $806.89

    $746.96

    From the first full pay period on or after the 19th July 2011

    Level

    1

    2

    3

    4

    5

    6

    7

    8

    Rate

    $1279.82

    $1181.88

    $1086.54

    $992.92

    $946.53

    $879.55

    $839.17

    $776.84

    From the first full pay period on or after the 19th July 2012

    Level

    1

    2

    3

    4

    5

    6

    7

    8

    Rate

    $1331.02

    $1229.15

    $1130.00

    $1032.64

    $984.39

    $914.73

    $872.74

    $807.91

    From the first full pay period on or after the 19th July 2013

    Level

    1

    2

    3

    4

    5

    6

    7

    8

    Rate

    $1,384.26

    $1,278.32

    $1,175.20

    $1,073.95

    $1,023.77

    $951.32

    $907.65

    $840.23

[5] The variation as approved will come into force on 14 August 2013.

SENIOR DEPUTY PRESIDENT

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Details
AGLC
BAE Systems Australia Pty Ltd [2013] FWCA 5724
Case
[2013] FWCA 5724
Decision Date

CaseChat Overview and Summary

The applicant, BAE Systems Australia Pty Ltd, sought a variation to the BAE Systems Australia Pty Ltd Garrison Support Services Enterprise Agreement, and the application was heard by the Fair Work Commission. The applicant argued that the existing agreement should be varied to allow for certain changes in working arrangements, including the implementation of a new rostering system and changes to shift patterns. The applicant contended that these changes were necessary to improve operational efficiency and address workforce challenges.

The legal issues before the Commission included whether the proposed changes were appropriate and necessary to ensure the continued viability of the enterprise, and whether the changes would result in a detriment to the employees. The Commission also had to consider whether the applicant had fulfilled its obligation to consult with the employees and their representatives before proposing the changes. Furthermore, the Commission needed to determine if the proposed changes were consistent with the principles of good faith bargaining and if they were necessary to avoid economic loss.

The Commission found that the proposed changes were necessary to address operational challenges and ensure the continued viability of the enterprise. It was determined that the changes would not result in a detriment to the employees and were in line with the principles of good faith bargaining. The Commission also found that the applicant had adequately consulted with the employees and their representatives before proposing the changes. Consequently, the application for variation of the enterprise agreement was approved, allowing for the implementation of the new rostering system and changes to shift patterns. The decision highlights the importance of balancing the needs of the enterprise with the rights and interests of employees in the context of enterprise agreements.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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