Thales Australia Limited Summary

[2013] FWCA 8962

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thales Australia Limited
(AG2013/9922)

THALES AUSTRALIA EXPLOSIVE ORDNANCE SERVICES COLLECTIVE AGREEMENT 2012

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 14 NOVEMBER 2013

Application for approval of the Thales Australia Explosive Ordnance Services Collective Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Thales Australia Explosive Ordnance Services Collective Agreement 2012 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Thales Australia Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 21 November 2013. The nominal expiry date of the Agreement is 30 July 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Thales Australia Limited sought approval for the Thales Australia Explosive Ordnance Services Collective Agreement 2012. The application was made under section 176 of the Fair Work Act 2009, and the dispute involved the Fair Work Commission's authority to approve the agreement and whether it complied with the requirements of the Act. The Commission had to determine whether the agreement met the criteria for approval and if it adequately covered the employees it was intended to cover.

The key legal issues before the Commission were whether the agreement contained all the mandated terms and conditions as required by section 177 of the Act, and if it complied with the requirements for approval as set out in sections 178 and 186 of the Act. Additionally, the Commission had to consider if the agreement provided fair and reasonable terms and conditions for the employees it covered. The Commission examined the terms of the agreement and whether they were fair and reasonable, and if the agreement adequately represented the interests of the employees.

The Fair Work Commission held that the agreement was properly made and met the requirements of the Act. The Commission found that the agreement contained all the necessary terms and conditions and was fair and reasonable. The agreement was approved as it provided a fair and reasonable outcome for the employees it covered. The Commission considered the evidence provided by the parties and the provisions of the Act in reaching its decision.

The final orders of the Commission were that the Thales Australia Explosive Ordnance Services Collective Agreement 2012 be approved under section 176 of the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of the Commission's decision. The approval of the agreement would ensure that the employees covered by it would have fair and reasonable terms and conditions of employment.

Thales Australia Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established