DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thales Australia Limited
(AG2016/5604)

THALES AUSTRALIA LITHGOW ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 29 NOVEMBER 2016

Application for approval of the Thales Australia Lithgow Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Thales Australia Lithgow Enterprise Agreement 2015 (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 Applicant 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, 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] 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 given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2016. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of Thales Australia Limited, the Fair Work Commission was presented with an application for the approval of the Thales Australia Lithgow Enterprise Agreement 2015. Thales Australia, the applicant, sought to have the agreement recognised as meeting the necessary criteria under the Fair Work Act 2009. The agreement in question pertains to the employment terms and conditions of workers at Thales' Lithgow facility, which is involved in defence-related manufacturing.

The primary legal issues before the Commission involved whether the agreement met the procedural and substantive requirements under the Fair Work Act. Procedurally, the Commission needed to confirm that the agreement was made in good faith and that appropriate consultation had taken place with the employees. Substantively, the agreement had to be assessed for its compliance with minimum workplace standards, including the provision of fair rates of pay, reasonable working hours, and appropriate leave entitlements.

After reviewing the evidence and submissions from both parties, the Commission determined that the agreement was made in good faith and followed the necessary consultation processes. The Commission found that the agreement provided for terms and conditions that met or exceeded the minimum standards set by the Fair Work Act. Consequently, the Commission approved the Thales Australia Lithgow Enterprise Agreement 2015, finding it to be compliant with the legal requirements. The decision was made in light of the specific circumstances of the enterprise and the balance of the interests of the employer and employees.

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