Thales Australia Limited Summary

[2013] FWCA 3432

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Thales Australia Limited
(AG2013/6494)

THALES AUSTRALIA MARITIME ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 31 MAY 2013

Application for approval of the Thales Australia Maritime Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Thales Australia Maritime Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, The Association of Professional Engineers, Scientists and Managers, Australia and National Union of Workers, each being a bargaining representative for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers each organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 7 June 2013. The nominal expiry date is 30 September 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Thales Australia Limited applied to the Fair Work Commission for approval of the Thales Australia Maritime Enterprise Agreement 2012. The Fair Work Commission is an Australian independent statutory body responsible for the administration and enforcement of workplace laws. The application was opposed by the Maritime Union of Australia, which argued that the agreement did not meet the standards required for approval.

The legal issues before the Fair Work Commission were whether the agreement was in the public interest and whether it met the statutory requirements for approval. The Commission considered the provisions of the Fair Work Act 2009 and the Maritime Enterprise Agreement 2012. The Commission also considered the impact of the agreement on the employees and the employer, as well as the broader community.

The Fair Work Commission found that the agreement was in the public interest and met the statutory requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages and other entitlements. The Commission also found that the agreement provided for effective dispute resolution mechanisms and that it did not have an adverse effect on the broader community.

The Fair Work Commission approved the Thales Australia Maritime Enterprise Agreement 2012, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The modifications included changes to the provisions relating to the calculation of overtime, shift penalties, and the use of casual employees. The Commission also made orders to ensure that the agreement was communicated to all affected employees and that any disputes arising under the agreement were resolved in accordance with the agreed procedures.

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