Thales Australia Limited T/A Thales Australia

[2023] FWCA 1721

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Thales Australia Limited T/A Thales Australia

(AG2023/1455)

THALES AUSTRALIA BENDIGO ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 14 JUNE 2023

Application for approval of the Thales Australia Bendigo Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Thales Australia Bendigo Enterprise Agreement 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 Thales Australia. 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.

The Australian Workers’ Union (AWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) being the bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover each of 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 21 June 2023. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Thales Australia Limited, trading as Thales Australia, and the Electrical Trades Union of Australia, representing its employees. The dispute centred on the application for the approval of the Thales Australia Bendigo Enterprise Agreement 2022. The Commission was tasked with determining whether the agreement met the criteria for approval as set out in the Fair Work Act 2009. Specifically, the Commission needed to ascertain whether the agreement provided for the terms and conditions of employment of the relevant employees in a fair and reasonable manner and whether it was in the best interests of the employees.

The key legal issues revolved around the provisions of the Fair Work Act and the requirements for the approval of an enterprise agreement. The Commission needed to consider whether the agreement provided for the terms and conditions of employment in a manner that was fair and reasonable, and whether it met the statutory criteria for approval. This included examining the agreement’s provisions on wages, hours of work, leave, and other employment conditions. Additionally, the Commission had to determine if the agreement complied with the procedural requirements for its negotiation and approval.

In its decision, the Fair Work Commission noted that the agreement had been negotiated in good faith and contained provisions that were fair and reasonable for the employees. The Commission found that the agreement provided for appropriate terms and conditions of employment, including provisions for wages, leave, and other benefits. The Commission also determined that the agreement was in the best interests of the employees, taking into account the need for a fair and balanced approach to employment conditions. Based on these findings, the Commission approved the Thales Australia Bendigo Enterprise Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established