Alstom Grid Australia Limited

[2013] FWCA 2205

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Alstom Grid Australia Limited
(AG2013/715)

ALSTOM GRID AUSTRALIA LIMITED (SERVICE) ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 12 APRIL 2013

Application for approval of the ALSTOM GRID Australia Limited (Service) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the ALSTOM GRID Australia Limited (Service) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application has been made by Alstom Grid Australia Limited. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement is approved. In accordance with s.54(1) it will operate from 19 April 2013. The nominal expiry date of the agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the recent decision of Alstom Grid Australia Limited, the Fair Work Commission was tasked with approving the ALSTOM GRID Australia Limited (Service) Enterprise Agreement 2013. The application was made by the employer, Alstom Grid Australia Limited, seeking approval of the agreement which outlines terms and conditions of employment for its service employees. The Australian Manufacturing Workers' Union contested the application on various grounds, arguing that the proposed agreement did not meet certain statutory requirements.

The central legal issues before the Commission revolved around whether the agreement contained the necessary provisions to be approved under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement sufficiently covered all the mandated minimum terms and conditions, and if it complied with the procedural requirements for enterprise agreements, such as proper employee consultation and the provision of relevant documents to employees. Furthermore, the Commission had to assess whether the agreement appropriately balanced the interests of both the employer and employees.

In delivering its decision, the Fair Work Commission meticulously examined the proposed agreement against the statutory framework. The Commission found that the agreement met all the necessary requirements and provided adequate coverage of the mandated minimum terms. The procedural aspects, including the consultation process and the provision of documents, were also found to be in compliance with the Act. The Commission concluded that the agreement was fair and reasonable, taking into account the economic and social context in which it was made. Consequently, the Commission approved the ALSTOM GRID Australia Limited (Service) Enterprise Agreement 2013, confirming its validity and enforceability.

The final orders of the Commission included the approval of the enterprise agreement, effective from the date of the decision, and mandated that it be registered with the Fair Work Commission. The agreement was to apply to all employees covered by its terms, and both parties were directed to adhere to the provisions as set out in the approved agreement. This decision provides clarity on the requirements for enterprise agreements and affirms the procedural steps necessary to ensure compliance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established