Leidos NAS Pty Ltd Summary

[2025] FWCA 1525

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Leidos NAS Pty Ltd

(AG2025/1226)

LEIDOS AIRBORNE SOLUTIONS AUSTRALIA MESC ENTERPRISE AGREEMENT 2025 – 2028

Airport operations
DEPUTY PRESIDENT DEAN	CANBERRA, 7 MAY 2025

Application for approval of the Leidos Airborne Solutions Australia MESC Enterprise Agreement 2025 – 2028.

An application has been made for approval of an enterprise agreement known as the Leidos Airborne Solutions Australia MESC Enterprise Agreement 2025 – 2028 (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 (Applicant). The Agreement is a single enterprise agreement.

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 Notice of Employee Representational Rights provided to employees was not in the prescribed form as required under s.174(1A) of the Act, as the Applicant’s logo was displayed on the notice. I am satisfied that this constitutes a minor procedural or technical error for the purposes of s188(5)(a), and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2025. The nominal expiry date of the Agreement is 31 December 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Leidos NAS Pty Ltd recently brought an application before the Fair Work Commission, seeking approval of the Leidos Airborne Solutions Australia MESC Enterprise Agreement 2025 – 2028. This application arose from the need to establish a new enterprise agreement that would govern the terms and conditions of employment for members of the Marine Engineering Staff (MESC) within Leidos. The Fair Work Commission was tasked with assessing whether the proposed agreement met the necessary legal standards for approval.

The primary legal issues the Fair Work Commission had to address involved whether the proposed agreement provided for fair and reasonable terms and conditions of employment, including matters such as wages, hours of work, and other employment conditions. Furthermore, the Commission had to consider whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act 2009, particularly regarding the process of employee consultation and the timing of the agreement. Additionally, the Commission needed to ensure that the agreement was free from any unfair provisions that could undermine the rights and protections of employees.

In its decision, the Fair Work Commission found that the proposed agreement met the necessary legal standards for approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the specific needs and circumstances of the employees within the MESC. The Commission also found that the agreement had been made in accordance with the relevant provisions of the Fair Work Act 2009, as it had been the result of appropriate employee consultation and was lodged within the required timeframe. Furthermore, the Commission was satisfied that the agreement did not contain any unfair provisions that would undermine the rights and protections of employees. Consequently, the Commission approved the Leidos Airborne Solutions Australia MESC Enterprise Agreement 2025 – 2028.

Leidos NAS Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established