Leidos NAS Pty Ltd

[2023] FWCA 1368

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Leidos NAS Pty Ltd

(AG2023/1222)

LEIDOS AIRBORNE SOLUTIONS AUSTRALIA HMU ENTERPRISE AGREEMENT 2021-2024

Airline operations
DEPUTY PRESIDENT DEAN	CANBERRA, 12 MAY 2023

Application for approval of the Leidos Airborne Solutions Australia HMU Enterprise Agreement 2021-2024.

An application has been made for approval of an enterprise agreement known as the Leidos Airborne Solutions Australia HMU Enterprise Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Leidos NAS Pty Ltd (Employer). The Agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2023. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Leidos NAS Pty Ltd for approval of the Leidos Airborne Solutions Australia HMU Enterprise Agreement 2021-2024. The application arose under the Fair Work Act 2009, which provides a process for the approval of enterprise agreements that meet certain criteria, including the provision of fair and reasonable terms and conditions of employment. The applicant sought to have the agreement, which was negotiated between the employer and a representative of the employees, recognised as a registered agreement.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, specifically whether it was a genuine enterprise agreement and whether it contained terms and conditions that were fair and reasonable. The Commission considered whether the agreement had been negotiated in good faith, whether it covered the appropriate bargaining unit, and whether it provided for the appropriate minimum terms and conditions, including minimum wages and other entitlements. The Commission also considered whether the agreement contained any terms that were contrary to public policy or were otherwise unenforceable.

In reaching its decision, the Commission examined the evidence and submissions provided by the parties. The Commission found that the agreement had been negotiated in good faith and covered the appropriate bargaining unit. The Commission also found that the agreement provided for the appropriate minimum terms and conditions and did not contain any terms that were contrary to public policy or unenforceable. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and approved it as a registered agreement.

The Fair Work Commission approved the Leidos Airborne Solutions Australia HMU Enterprise Agreement 2021-2024 as a registered agreement, effective from the date of the decision. The Commission found that the agreement met all the necessary requirements under the Fair Work Act and provided fair and reasonable terms and conditions of employment for the employees covered by the agreement. The approval of the agreement ensures that the terms and conditions of employment for the employees are governed by the agreement, rather than by the applicable awards or other industrial instruments.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established