DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thales Australia Limited
(AG2019/3196)

THALES AUSTRALIA EXPLOSIVE ORDNANCE SERVICES ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 23 OCTOBER 2019

Application for approval of the Thales Australia Explosive Ordnance Services Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Thales Australia Explosive Ordnance Services Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 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 Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers being a bargaining representative for the Agreement, has 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 the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2019. The nominal expiry date of the Agreement is 30 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Thales Australia Limited, the applicant, sought the Fair Work Commission's approval of the Thales Australia Explosive Ordnance Services Enterprise Agreement 2019. The application was made under section 230 of the Fair Work Act 2009. The primary dispute revolved around the terms and conditions outlined in the proposed agreement and the necessity to secure the approval of the Commission to ensure it met the legal requirements.

The central legal issues before the Commission were whether the agreement contained all the mandated terms as per section 235 of the Act, and if the agreement was fair and balanced in its treatment of employees. The Commission had to determine if the agreement appropriately balanced the interests of both the employer and the employees, and whether it complied with the legislative framework governing enterprise agreements.

The Commission carefully examined the agreement, considering the submissions from both parties. It found that the agreement included all the necessary mandated terms and was fair and balanced. The Commission was satisfied that the agreement provided for appropriate mechanisms for the resolution of any disputes that might arise during its operation. Consequently, the Commission approved the agreement, confirming its compliance with the statutory requirements and its fairness to the parties involved.

The Commission's decision was final and binding, and no further appeal was permitted. The approved agreement was to be registered and would apply to the employees covered by it from the specified commencement date. This outcome ensured that the terms of employment were legally recognised and that the rights and obligations of both parties were clearly defined.

Thales Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established