austlii:cth/FWCA/2025/4006
General information, not legal advice.
FWCA
2025-11-26
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
ASC Shipbuilding Pty Limited Trading AS BAE Systems Australia
BAE SYSTEMS MARITIME AUSTRALIA (OSBORNE) AGREEMENT 2025-2029
Application for approval of the BAE Systems Maritime Australia (Osborne) Agreement 2025 - 2029
[1] An application has been made for approval of an enterprise agreement known as the BAE Systems Maritime Australia (Osborne) Agreement 2025 - 2029 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ASC Shipbuilding Pty Limited Trading AS BAE Systems Australia. The Agreement is a single enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.
[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[4] I note that the Agreement contains an NES precedence clause at cl.4, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards
[5] The Australian Manufacturing Workers' Union, the Australian Workers Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2025. The nominal expiry date of the Agreement is 30 June 2029.
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