Thales Australia Limited T/A Thales Australia

[2023] FWCA 1885

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Thales Australia Limited T/A Thales Australia

(AG2023/1775)

THALES AUSTRALIA LIMITED TRADING AS AUSTRALIAN MUNITIONS BENALLA AND MULWALA ENTERPRISE AGREEMENT 2022-2025

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 26 JUNE 2023

Application for approval of the Thales Australia Limited Trading as Australian Munitions Benalla and Mulwala Enterprise Agreement 2022-2025

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 2022-2025 (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 Thales Australia. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Workers' Union, the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, The Association of Professional Engineers, Scientists and Managers, Australia and the United Workers' Union 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 3 July 2023. The nominal expiry date of the Agreement is 1 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Thales Australia Limited, trading as Australian Munitions, and the union representing its employees. The matter before the Fair Work Commission was an application for the approval of the Enterprise Agreement 2022-2025. The union sought approval for the agreement, while Thales Australia Limited raised concerns regarding certain provisions. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act.

The legal issues the Commission had to address included whether the agreement was made in good faith and whether it provided for the proper registration of the agreement. Additionally, the Commission needed to consider if the agreement complied with the Fair Work (Registered Organisations) Act 2009, particularly the provisions that required direct and independent representation of the employees. The Commission also had to examine whether the agreement provided for the protection of employees' rights and interests, including provisions for minimum wages, leave entitlements, and other conditions of employment.

The Fair Work Commission found that the agreement was made in good faith and that the union representing the employees was appropriately registered. The Commission also determined that the agreement provided for the protection of employees' rights and interests and complied with the Fair Work Act. The Commission approved the agreement, finding that it met all the necessary legal requirements for approval. The Commission considered that the agreement provided a fair and reasonable balance between the rights and interests of the employees and the employer.

As a result of the Commission's decision, the Enterprise Agreement 2022-2025 between Thales Australia Limited, trading as Australian Munitions, and the union representing its employees was approved and registered. The agreement will now govern the terms and conditions of employment for the employees during the period from 2022 to 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established