DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thales Australia Limited T/A Thales Australia
(AG2017/1632)

THALES AUSTRALIA BENDIGO ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 JUNE 2017

Application for approval of the Thales Australia Bendigo Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Thales Australia Bendigo Enterprise Agreement 2016 (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.

[2] The Applicant 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 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[6] The Agreement was approved on 2 June 2017 and, in accordance with s.54, will operate from 9 June 2017. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Thales Australia Limited, trading as Thales Australia, applied to the Fair Work Commission for approval of the Thales Australia Bendigo Enterprise Agreement 2016. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it complied with procedural fairness and other relevant legal standards.

The primary legal issues the court had to address were whether the agreement was made in good faith and without coercion, whether it met the "better off overall test" as stipulated by the Fair Work Act, and if the necessary procedural steps were followed in reaching the agreement. Additionally, the court examined whether the agreement adequately covered the terms and conditions of employment as required by the Act.

The Fair Work Commission found that the agreement was made in good faith, without coercion, and met the better off overall test. The Commission also determined that the necessary procedural steps were followed in the agreement's formation. Consequently, the Commission approved the Thales Australia Bendigo Enterprise Agreement 2016, finding it compliant with the relevant legislative requirements.

The Commission ordered the approval of the Thales Australia Bendigo Enterprise Agreement 2016, effective from the date specified in the agreement. This decision concluded that the agreement was fair and met all statutory requirements, thereby resolving the dispute in favour of Thales Australia.

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