Alstom Limited Summary

[2013] FWCA 9231

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alstom Limited
(AG2013/9976)

ALSTOM LIMITED LATROBE VALLEY POWER STATION ELECTRICAL (ETU) ENTERPRISE AGREEMENT 2013

Electrical contracting industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 22 NOVEMBER 2013

Application for approval of the Alstom Limited Latrobe Valley Power Station Electrical (ETU) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Alstom Limited Latrobe Valley Power Station Electrical (ETU) Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Alstom Limited and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). The Agreement is a greenfields agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In particular, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Alstom Limited. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 November 2013. The nominal expiry date of the Agreement is 31 March 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alstom Limited, a company engaged in energy projects, was before the Fair Work Commission in an application for the approval of the Alstom Limited Latrobe Valley Power Station Electrical (ETU) Enterprise Agreement 2013. The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009 to be registered and thus enforceable. The applicants, Alstom Limited, sought the approval of the enterprise agreement, while the respondents, the Electrical Trades Union, contested specific provisions related to employee entitlements and conditions.

The legal issues before the Commission involved the interpretation and application of sections of the Fair Work Act, particularly sections concerning the validity and registration of enterprise agreements. Key issues included whether the agreement provided for genuine bargaining, was free from unlawful content, and provided for the proper operation of the enterprise. The Commission had to consider whether the agreement was made in good faith, was fair and reasonable, and if it met the criteria for registration as stipulated in the Act.

The Fair Work Commission examined the provisions of the agreement in light of the statutory requirements. It found that the agreement had been genuinely bargained between the parties, was free from any unlawful content, and provided for the proper operation of the enterprise. The Commission determined that the agreement was fair and reasonable, considering the interests of both the employer and the employees. Consequently, the Commission approved the Alstom Limited Latrobe Valley Power Station Electrical (ETU) Enterprise Agreement 2013, allowing it to be registered and enforceable under the Fair Work Act. This decision ensured that the terms of the agreement could be implemented, providing clarity and stability in the employment relationship between Alstom Limited and its employees represented by the Electrical Trades Union.

Alstom Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established