DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thales Australia Limited T/A Thales Australia
(AG2019/3234)

THALES AUSTRALIA NATIONAL FRAMEWORK AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 1 NOVEMBER 2019

Application for approval of the Thales Australia National Framework Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Thales Australia National Framework Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Thales Australia Limited T/A Thales Australia (Employer). The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings, 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 undertakings are taken to be terms of the Agreement.

[4] The Agreement lodged contained an administrative error at clause 3.7.7.2. On 17 October 2019, the Employer filed an amended version of the Agreement correcting the error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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, National Union of Workers, and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act seeking to be covered by the Agreement. In accordance with s.201(2), I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Thales Australia Limited, trading as Thales Australia, recently appeared before the Fair Work Commission in an application seeking approval of the Thales Australia National Framework Agreement 2019. This agreement aimed to govern the terms and conditions of employment for a significant portion of Thales' workforce across multiple states. The dispute centred around the comprehensiveness, fairness, and compliance of the proposed agreement with the requirements of the Fair Work Act 2009.

The primary legal issues that the Commission had to address were whether the proposed agreement was appropriately comprehensive, met the fairness test, and complied with the procedural requirements set forth by the Fair Work Act. Specifically, the Commission examined if the agreement sufficiently covered all necessary terms and conditions of employment, if it provided adequate protections and benefits to employees, and if it adhered to the prescribed processes for its approval.

In its decision, the Commission found that the proposed agreement met the comprehensiveness and fairness criteria, as it included detailed provisions covering various employment aspects, such as wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission also noted that the agreement included provisions for employee consultation and participation, which were deemed to be fair and reasonable. Additionally, the Commission confirmed that the procedural requirements for the approval of the agreement were complied with, including the necessary notifications and the opportunity for relevant parties to make submissions. Consequently, the Commission approved the Thales Australia National Framework Agreement 2019, recognising its compliance with the legislative standards.

Thales Australia Limited T/A Thales Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established