Thales Australia Limited T/A Australian Munitions
[2019] FWCA 6865
•4 OCTOBER 2019
| [2019] FWCA 6865 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Thales Australia Limited T/A Australian Munitions
(AG2019/3457)
Thales Australia Limited Trading as Australian Munitions Benalla and Mulwala Enterprise Agreement 2018-2022
| Manufacturing and associated industries | |
| Deputy President Masson | MELBOURNE, 4 OCTOBER 2019 |
Application for approval of the Thales Australia Limited Trading as Australian Munitions Benalla and Mulwala Enterprise Agreement 2018-2022.
An application has been made for approval of an enterprise agreement known as the Thales Australia Limited Trading as Australian Munitions Benalla and Mulwala Enterprise Agreement 2018-2022 (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 T/A Australian Munitions. The Agreement is a single enterprise agreement.
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.
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.
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.
I note that Clauses 25.2.1, 38.3, 20.1, 20.7, 20.8, 26.2.2 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.1 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (CEPU), “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), National Union of Workers (NUW), Australian Workers’ Union (AWU), Association of Professional Engineers, Scientists and Managers, Australia (APESMA) 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2019. The nominal expiry date of the Agreement is 1 October 2022.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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