DECISION

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

General Dynamic Land Systems - Australia
(AG2015/992)

GENERAL DYNAMICS LAND SYSTEMS - AUSTRALIA PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2015 - 2019

Vehicle industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 14 MAY 2015

Application for approval of the General Dynamic Land Systems - Australia Pty Ltd Employee Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the General Dynamic Land Systems - Australia Pty Ltd Employee Collective Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by General Dynamic Land Systems - Australia. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2015. The nominal expiry date of the Agreement is 21 May 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were General Dynamic Land Systems - Australia Pty Ltd (the employer) and the Australian Manufacturing Workers' Union (the union). The dispute centred around the approval of the General Dynamic Land Systems - Australia Pty Ltd Employee Collective Agreement 2015-2019, which was to be submitted to the Fair Work Commission for determination. The case was heard in the Fair Work Commission of Australia, which has jurisdiction over matters related to industrial relations and employment law.

The primary legal issue before the Commission was whether the proposed collective agreement met the necessary criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for the appropriate minimum terms and conditions for the employees, and whether it had been made in good faith. Additionally, the Commission had to consider whether the agreement complied with the relevant provisions of the Act, such as the requirement for fair and reasonable terms.

In determining the matter, the Commission reviewed the submissions from both the employer and the union, as well as the content of the proposed agreement. The Commission found that the agreement provided for the appropriate minimum terms and conditions for the employees, and that it had been made in good faith by both parties. Furthermore, the Commission determined that the agreement complied with all relevant provisions of the Fair Work Act. As a result, the Commission approved the General Dynamic Land Systems - Australia Pty Ltd Employee Collective Agreement 2015-2019, subject to the usual conditions of registration.

The Fair Work Commission approved the General Dynamic Land Systems - Australia Pty Ltd Employee Collective Agreement 2015-2019, recognising it as a valid and enforceable agreement between the employer and the union. This decision serves as a binding resolution to the dispute, ensuring that the terms and conditions outlined in the agreement will govern the employment relationship between the parties for the specified period.

General Dynamic Land Systems - Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established