Thales Australia Limited T/A Thales Australia

[2020] FWCA 4584

[2020] FWCA 4584

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thales Australia Limited T/A Thales Australia
(AG2020/2420)

THALES AUSTRALIA BENDIGO ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT CLANCY	MELBOURNE, 28 AUGUST 2020

Application for approval of the Thales Australia Bendigo Enterprise Agreement 2019.

[1] Thales Australia Limited T/A Thales Australia (Thales Australia) has made an application for approval of an enterprise agreement known as the Thales Australia Bendigo Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of Thales Australia, however, taking into account the factors in s.186(3) and s.186(3A) I am satisfied that the group of employees was fairly chosen.

[3] Thales Australia has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is therefore taken to be a term of the agreement.

[4] Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Association of Professional Engineers, Scientists and Managers, Australia (APESMA), Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers Union (AMWU), Australian Workers’ Union (AWU), United Workers Union (UWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

[6] The Agreement was approved on 28 August 2020 and, in accordance with s.54, will operate from 4 September 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE508876  PR722263>

Annexure A