Thales Australia Pty Limited

[2025] FWCA 2718

[2025] FWCA 2718 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Thales Australia Pty Limited

(AG2025/2355)

THALES AUSTRALIA LITHGOW ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT GRAYSON	SYDNEY, 14 AUGUST 2025

Application for approval of Thales Australia Lithgow Enterprise Agreement 2024

Introduction

1. Thales Australia Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the Thales Australia Lithgow Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 8 August 2024 and the Agreement was made on 7 July 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

Notice of Employee Representational Rights (NERR)

1. The NERR provided to employees was the pre-reform version applicable to enterprise agreements with a notification time prior to 6 June 2023. The Employer provided submissions that this matter constituted a minor technical error.

1. I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that this constituted a minor technical or procedural error for the purposes of s.188(5) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.

Section 190 Undertakings

1. The employer 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

1. Subject to the undertakings referred to above, and having had regard to the Statement of Principles on Genuine Agreement, I am satisfied that each of the requirements of ss186, 187, 188 and 190 as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

1. The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the Australian Workers' Union (AWU), being bargaining representatives for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them.

1. In accordance with s.201(2), I note that the Agreement covers the AMWU and AWU.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2025. The nominal expiry date of the Agreement is 1 October 2027.

Variation  

1. Section 218A of the Act allows the Commission to correct or amend obvious errors, defects, or irregularities in an enterprise agreement (whether in substance or form). Its evident purpose is to remove complexity associated with varying enterprise agreements in certain limited circumstances.  

1. It is significant in understanding the context of s.218A that the Commission can vary an agreement on application by an employer covered by the agreement (s218A(2)(b)(i)). The power to vary an agreement under s218A is not unlike the slip rule provisions in s.602. An agreement can be varied under s.218A to the extent necessary to remove the error, defect or irregularity – and no further.  

1. On 28 July 2025, the Employer made an application to the Commission to correct the following errors contained in the Agreement:  

1. Change the words ‘the relevant incorporated Award’ appearing in clause 36.6.5 to ‘this Agreement’; and

2. Remove the words ‘at or below Level 3’ where they appear in clause 41.2.2.

1. The Employer submitted that the incorrect reference to an Award, where none is incorporated, is an obvious error. The Employer further submitted that the parties had agreed to extend super matching under clause 41.2.2 of the Agreement to include Level 1 and 2 employees and that it is due to an error that the relevant wording was not deleted in the Agreement.  

1. The Commission sought the views of relevant union parties in relation to the Employer’s application pursuant to s218A of the Act.  No union party advised the Commission that they opposed the amendments sought by the Employer.

1. I am satisfied that the errors listed in [12] above are errors, defects or irregularities within the meaning of s.218A(1) of the Act. I am content to vary the Agreement in accordance with the application made by the Employer (PR790686). The variation will operate from the date that the Agreement commences.  

1. The Agreement attached to this Decision is the Agreement as varied and will operate from 21 August 2025.

DEPUTY PRESIDENT

ANNEXURE A

[1] [2019] FWCFB 318.

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