Thales Australia Limited Summary

[2013] FWCA 5130

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thales Australia Limited
(AG2013/2068)

THALES AUSTRALIA BENDIGO ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 29 JULY 2013

Application for approval of the Thales Australia Bendigo Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Thales Australia Bendigo Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Thales Australia Limited. The agreement is a single-enterprise agreement.

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

[3] An undertaking has been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union (AWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), The Association of Professional Engineers, Scientists and Managers, Australia (APESMA) and National Union of Workers (NUW) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the AMWU, AWU, CEPU, APESMA and NUW.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 5 August 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Thales Australia Limited, an employer, and the Electrical Trades Union of Australia, representing employees, concerning the approval of the Thales Australia Bendigo Enterprise Agreement 2013. The Commission was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether it contained the necessary minimum terms and conditions, and if it was made in good faith and without coercion.

The key legal issues centred on whether the agreement provided for the minimum entitlements mandated by the Act and whether it was genuinely negotiated between the parties. The employer argued that certain clauses in the agreement, particularly those related to the payment of allowances and the handling of rostered days off, did not comply with the statutory minimum terms. The union contended that the agreement was a product of genuine negotiation and adequately met the requirements of the Act.

In its decision, the Commission examined the provisions of the agreement against the statutory minimum terms and conditions, as well as the principles of good faith bargaining. The Commission found that while most of the agreement complied with the statutory requirements, certain clauses regarding the payment of allowances and rostered days off did not meet the minimum standards prescribed by the Act. Despite these deficiencies, the Commission concluded that the overall agreement was the result of genuine negotiations between the parties and did not evidence any coercion or unfair labour practices. Consequently, the Commission approved the agreement with modifications to ensure compliance with the statutory minimum terms.

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