Thales Australia Limited T/A Thales Australia

[2022] FWCA 2539

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Thales Australia Limited T/A Thales Australia

(AG2022/2362)

Thales Australia Lithgow Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 27 JULY 2022

Application for approval of the Thales Australia Lithgow Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Thales Australia Lithgow 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 and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 August 2022. The nominal expiry date of the Agreement is 1 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Thales Australia Limited, trading as Thales Australia, applied to the Fair Work Commission for the approval of the Thales Australia Lithgow Enterprise Agreement 2022. The application was made under the Fair Work Act 2009, and the dispute centred around whether the agreement met the legislative criteria for registration. The parties involved were the employer, Thales Australia, and the employees represented by the Australian Manufacturing Workers Union.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, whether it had been made in good faith, and whether it adhered to the procedural requirements set out in the Fair Work Act. Additionally, the Commission needed to determine if the agreement appropriately balanced the interests of both the employer and the employees, particularly in terms of wages, hours of work, and other conditions of employment.

The Commission carefully examined the provisions of the agreement and considered the submissions from both Thales Australia and the union. The Commission found that the agreement provided for fair and reasonable terms and conditions, had been made in good faith, and complied with the procedural requirements of the Act. The agreement was deemed to appropriately balance the interests of both parties, providing for appropriate wage increases, reasonable working hours, and other conditions of employment. Consequently, the Fair Work Commission approved the Thales Australia Lithgow Enterprise Agreement 2022.

In approving the agreement, the Commission made specific orders to ensure its compliance with the Fair Work Act. These orders included the registration of the agreement, effective from the date of the decision, and mandated that Thales Australia implement the terms of the agreement in accordance with the Fair Work Act. The Commission also reserved the right to review the agreement if any party raised an objection within the specified timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established