DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thales Australia Limited
(AG2019/2683)

THALES AUSTRALIA LITHGOW ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 AUGUST 2019

Application for approval of the Thales Australia Lithgow Enterprise Agreement 2019

[1] Thales Australia Limited has made an application for approval of an enterprise agreement known as the Thales Australia Lithgow Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by each of these organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 26 August 2019 and, in accordance with s 54, will operate from 2 September 2019. The nominal expiry date of the Agreement is 1 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Thales Australia Limited and its employees, specifically those represented by the Rail, Tram and Bus Industry Union. The dispute centred around the application for approval of the Thales Australia Lithgow Enterprise Agreement 2019. The application was brought before the Fair Work Commission. The primary legal issues revolved around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith, if it complied with the provisions of the Act, and if it was appropriate to approve it given the context of the workplace and the negotiations between the parties.

The Fair Work Commission undertook a detailed analysis of the agreement, considering various factors such as the nature of the bargaining process, the substantive terms of the agreement, and the overall fairness of the agreement to both the employer and employees. The Commission examined the evidence presented and the submissions made by both parties. It found that the agreement had been made in good faith, that it complied with the statutory requirements, and that it was fair and reasonable in the circumstances. The Commission concluded that the agreement was appropriate for approval, taking into account the context of the workplace and the negotiations between the parties.

In light of its findings, the Fair Work Commission approved the Thales Australia Lithgow Enterprise Agreement 2019. The approval was based on the evidence that the agreement was made in good faith and met all the statutory requirements under the Fair Work Act 2009. The Commission's decision was seen as a balanced approach that recognised the rights and interests of both the employer and the employees. The approval of the agreement means that it will now be binding on the parties involved, and it will govern the employment conditions in the workplace for the duration of the agreement.

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