BAE Systems Australia Pty Ltd Summary

[2013] FWCA 2624

FAIR WORK COMMISSION

DECISION

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

BAE Systems Australia Pty Ltd
(AG2013/970)

BAE SYSTEMS AUSTRALIA LAND SYSTEMS AND SUPPORT - PSG (SOUTH AUSTRALIA) COLLECTIVE AGREEMENT 2013 - 2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 3 MAY 2013

Application for approval of the BAE Systems Australia Land Systems and Support - PSG (South Australia) Collective Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the BAE Systems Australia Land Systems and Support - PSG (South Australia) Collective Agreement 2013-2016 (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 of the Act 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. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 May 2013. The nominal expiry date of the Agreement is 31 December 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BAE Systems Australia Pty Ltd applied to the Fair Work Commission for approval of the BAE Systems Australia Land Systems and Support - PSG (South Australia) Collective Agreement 2013-2016. The applicant, BAE Systems, is an employer and the respondent is a trade union. The union's members are employees of BAE Systems, who work in various roles across several sites in South Australia. The application was made under section 234 of the Fair Work Act 2009, which allows for the approval of agreements that provide for terms and conditions of employment. The dispute centred on whether the agreement adequately met the legislative requirements, particularly those concerning minimum entitlements, procedural fairness, and the proper representation of employees.

The court was tasked with determining if the agreement provided for terms and conditions of employment that met or exceeded the national minimum standards set by the Safety Net. It also had to assess whether the agreement was made in good faith and whether it was properly authorised, meaning that the union had appropriately represented its members in the negotiation process. Furthermore, the court needed to ensure that the agreement did not unfairly discriminate against any class of employees and that it complied with procedural fairness, including adequate consultation and notice to employees.

After considering the submissions from both parties and reviewing the agreement, the Fair Work Commission found that the agreement met all the necessary legal requirements. The court noted that the agreement provided for terms and conditions that were at least equivalent to the national minimum standards. It was satisfied that the union had properly represented its members and that the agreement was made in good faith. The commission also concluded that the agreement did not unfairly discriminate against any group of employees and that the requisite procedural fairness was observed. Consequently, the commission approved the agreement under section 234 of the Fair Work Act 2009.

The final orders of the commission included the approval of the BAE Systems Australia Land Systems and Support - PSG (South Australia) Collective Agreement 2013-2016, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions of the union's members for the specified period.

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