Thales Australia Limited Trading AS Thales Australia

[2025] FWCA 1397

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Thales Australia Limited Trading AS Thales Australia

(AG2025/979)

THALES AUSTRALIA ABOVE WATER SYSTEMS ENTERPRISE AGREEMENT 2024

Defence support
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 29 APRIL 2025

Application for approval of the Thales Australia Above Water Systems Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Thales Australia Above Water Systems Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

On the basis of the material before the Fair Work Commission, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 6 May 2025. The nominal expiry date of the Agreement is 30 September 2027.

The United Workers’ Union (UWU), “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 (known as Professionals Australia) (Professionals Australia) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being bargaining representatives for the Agreement, have given notice to the Fair Work Commission that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note that the Agreement covers UWU, AMWU, Professionals Australia and CEPU.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Thales Australia Limited trading as Thales Australia, the Fair Work Commission was tasked with reviewing the proposed Above Water Systems Enterprise Agreement 2024. The application for approval was made by the employer, and the Fair Work Commission was required to determine whether the agreement met the statutory criteria for approval, including being in the best interests of the employees and the employer, and whether it complied with the Fair Work Act 2009. The dispute primarily centred around whether the agreement appropriately balanced the rights and obligations of the parties and provided for a fair and efficient workplace.

The key legal issues before the Commission included whether the agreement adhered to the requirements of section 234 of the Act, which mandates that an enterprise agreement must be in the best interests of the employees and employer. The Commission also had to consider if the agreement was free from any prohibited content under section 171 of the Act, and whether it complied with other relevant provisions such as those concerning minimum terms and conditions. Additionally, the Commission evaluated whether the agreement provided for a fair and efficient workplace as required by section 235 of the Act.

In delivering its decision, the Commission examined the submissions and evidence provided by both the employer and the employees' representative. The Commission noted that the agreement contained provisions that aligned with the statutory criteria, including fair terms for wages and conditions, and mechanisms for dispute resolution. The Commission concluded that the agreement did not contain any prohibited content and was in the best interests of the employees and employer, thus meeting the statutory requirements for approval. The Commission found the agreement to be fair and efficient, providing for a balanced relationship between the parties.

Consequently, the Fair Work Commission approved the Thales Australia Above Water Systems Enterprise Agreement 2024, deeming it to be in accordance with the legislative standards. The approval signifies that the agreement will now serve as the enterprise agreement for the specified bargaining unit, effective from the date of approval. This decision ensures that the employees and the employer are governed by the terms and conditions outlined in the agreement, providing a stable and legally compliant framework for their industrial relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established