Thales Australia Limited T/A Thales Australia

[2023] FWCA 1078

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Thales Australia Limited T/A Thales Australia

(AG2023/667)

THALES AUSTRALIA ABOVE WATER SYSTEMS ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 13 APRIL 2023

Application for approval of the Thales Australia Above Water Systems Enterprise Agreement 2022.

Thales Australia Limited T/A Thales Australia (the Employer) has made an application for the approval of the Thales Australia Above Water Systems Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). 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 “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), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and United Workers’ Union (UWU) were bargaining representatives for the Agreement and 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 AMWU, APESMA, CEPU and UWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 April 2023. The nominal expiry date of the Agreement is 30 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Thales Australia Limited, trading as Thales Australia, was involved in a legal proceeding concerning the approval of the Thales Australia Above Water Systems Enterprise Agreement 2022. The dispute was brought before the Fair Work Commission, which was required to assess whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The central issue before the Commission was whether the agreement complied with the procedural and substantive requirements set out in the legislation.

The legal issues that the Commission had to address included whether proper consultation had occurred with the employees affected by the agreement, and whether the agreement provided adequate protections and entitlements for those employees. Additionally, the Commission needed to determine if the agreement contained all the mandatory terms prescribed by the Fair Work Act and whether it adhered to the principles of good faith bargaining.

In reaching its decision, the Fair Work Commission examined the evidence presented by both Thales Australia and the union representatives involved in the bargaining process. The Commission found that the agreement was the result of genuine and meaningful consultation and that it contained all the mandatory terms as required by the Act. Furthermore, the Commission was satisfied that the agreement provided fair and reasonable terms for the employees, taking into account the nature of the work and the broader economic context. Consequently, the Commission approved the Thales Australia Above Water Systems Enterprise Agreement 2022.

The Fair Work Commission's decision concluded that the agreement met all the necessary criteria for approval. The Commission emphasised the importance of ensuring that employees were adequately consulted and that their rights and entitlements were protected in the agreement. The approval of the agreement was a significant step in formalising the employment terms and conditions for the affected employees, providing them with certainty and security in their roles.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established