DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thales Australia Limited
(AG2019/1363)

THALES AUSTRALIA MARITIME ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 8 JULY 2019

Application for approval of the Thales Australia Maritime Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Thales Australia Maritime Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Thales Australia Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia, the National Union of Workers, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Association of Professional Engineers, Scientists and Managers, Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover their organisation. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 July 2019. The nominal expiry date of the Agreement is 30 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Thales Australia Limited applied to the Fair Work Commission for the approval of the Thales Australia Maritime Enterprise Agreement 2018. The respondents to the application were the Maritime Union of Australia and the Australian Workers' Union. The application was opposed by the unions on the basis that the agreement did not provide for adequate pay rates and conditions for the employees covered by the agreement.

The legal issues before the Commission were whether the agreement met the requirements of section 232 of the Fair Work Act 2009, including whether the agreement provided for fair and reasonable terms and conditions of employment, and whether the agreement was in the public interest. The Commission considered the evidence and arguments presented by the parties and found that the agreement met the requirements of the Act. The Commission noted that the agreement provided for a significant increase in pay rates and conditions for the employees covered by the agreement, and that the agreement was in the public interest as it would provide for industrial peace and stability in the maritime industry.

The Commission approved the agreement and made orders accordingly. The orders included that the agreement be registered and be legally binding on the parties, and that the agreement be published on the Fair Work Commission's website. The unions were granted leave to appeal the decision to the Federal Court.

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