Thales Australia Limited T/A Thales Australia

[2024] FWCA 3726

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Thales Australia Limited T/A Thales Australia

(AG2024/3636)

THALES AUSTRALIA BENDIGO ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER P RYAN	SYDNEY, 25 OCTOBER 2024

Application for approval of the Thales Australia Bendigo Enterprise Agreement 2024

Thales Australia Limited (Employer) has made an application for approval of an enterprise agreement known as the Thales Australia Bendigo Enterprise Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Sections 186, 187, 188

I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the Employer’s responses to issues identified, and the Statement of Principles.[1]

Section 183 Bargaining Representatives

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Association of Professional Engineers, Scientists and Managers, Australia (APESMA), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.

In accordance with s.201(2), I note that the Agreement covers the AMWU, the APESMA, and the CEPU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 1 November 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Thales Australia Limited, trading as Thales Australia, which sought approval of the Thales Australia Bendigo Enterprise Agreement 2024. The agreement, which was made between Thales Australia and the Communications, Electrical and Plumbing Union of Australia, was put forward for the workers employed at the Bendigo site. The application was heard by Deputy President M H J Naughton in the Fair Work Commission.

The legal issues before the court were primarily concerned with whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement met the statutory requirements for enterprise agreements, such as the inclusion of certain mandatory terms and the proper bargaining process. Additionally, the court had to ensure that the agreement did not contain any terms that were contrary to public policy or that would result in an unfair outcome for the employees.

The court's reasoning was grounded in a thorough analysis of the Fair Work Act 2009 and its regulations. The Deputy President considered the evidence presented by both parties and examined the provisions of the agreement in detail. The court found that the agreement contained all the necessary mandatory terms and that the bargaining process had been conducted fairly and in good faith. The Deputy President also concluded that the agreement did not contravene any public policy considerations and would not result in an unfair outcome for the employees. As a result, the court approved the Thales Australia Bendigo Enterprise Agreement 2024.

The final orders of the court were that the Thales Australia Bendigo Enterprise Agreement 2024 be approved and registered with the Fair Work Commission. The agreement will now govern the employment conditions for the workers at the Bendigo site, providing a framework for their wages, hours of work, leave entitlements, and other employment-related matters.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established