DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thales Australia Ltd. T/A Thales Australia
(AG2016/5731)

THALES AUSTRALIA MARITIME ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 17 NOVEMBER 2016

Application for approval of the Thales Australia Maritime Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Thales Australia Maritime Enterprise Agreement 2015 (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 Ltd. 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, 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), National Union of Workers, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and The Association of Professional Engineers, Scientists and Managers, Australia 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.

[7] The Agreement was approved on 17 November 2016 and, in accordance with s.54, will operate from 24 November 2016. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Thales Australia Ltd. brought an application before the Fair Work Commission, seeking approval of the Thales Australia Maritime Enterprise Agreement 2015. The agreement was proposed as a means to settle the terms and conditions of employment for certain employees within the company. The nature of the dispute was primarily centred on whether the agreement complied with the relevant statutory requirements and whether it provided fair and reasonable terms for the employees involved.

The legal issues that the Commission had to address included whether the agreement was made in good faith and whether it provided for a fair and efficient workplace. Additionally, the Commission had to ensure that the agreement met the criteria for being a "single interest" enterprise agreement and that it did not contain any provisions that were contrary to public policy or unfair. The Commission also considered whether the agreement was consistent with the national employment standards and any applicable awards.

In delivering its decision, the Commission found that the agreement was made in good faith and provided for a fair and efficient workplace. The agreement was deemed to be a "single interest" enterprise agreement and was consistent with the national employment standards and any applicable awards. The Commission was satisfied that the agreement did not contain any provisions that were contrary to public policy or unfair. Therefore, the Commission approved the Thales Australia Maritime Enterprise Agreement 2015. The decision was made on the basis that the agreement was fair and reasonable, and it provided for an efficient and productive workplace. The Commission was satisfied that the agreement met all the necessary statutory requirements and provided for the employees' terms and conditions of employment in a fair and balanced manner.

Thales Australia Ltd. 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