DECISION

Fair Work Act 2009
s.185—Enterprise agreement

General Dynamics Land Systems - Australia
(AG2019/4268)

GENERAL DYNAMICS LAND SYSTEMS - AUSTRALIA PTY LTD EMPLOYEE COLLECTIVE AGREEMENT

Vehicle industry
COMMISSIONER YILMAZ	MELBOURNE, 8 JANUARY 2020

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

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

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement is approved and in accordance with s.54, will operate from 15 January 2020. The nominal expiry date of the Agreement is 7 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

General Dynamics Land Systems - Australia Pty Ltd applied for approval of an Employee Collective Agreement. The applicant argued the agreement was appropriate for its business and employees. The decision was made by the Fair Work Commission.

The primary legal issue was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. This included assessing if the agreement covered minimum entitlements and provided a fair and efficient process for resolving workplace disputes. The Commission also had to determine whether the agreement was made in good faith and without coercion.

The Fair Work Commission found that the agreement met the necessary criteria. It was deemed to provide fair and efficient processes for resolving workplace disputes and did not undermine the minimum standards set by the Act. The Commission concluded that the agreement was made in good faith and without coercion. Consequently, the application for approval was successful.

The Commission approved the General Dynamics Land Systems - Australia Pty Ltd Employee Collective Agreement. This decision provided certainty for both the employer and the employees regarding the terms of their employment.

General Dynamics 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