Alstom Limited

[2013] FWCA 8769

[2013] FWCA 8769

FAIR WORK COMMISSION

DECISION

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

Alstom Limited
(AG2013/9977)

ALSTOM LIMITED LA TROBE VALLEY POWER STATION MECHANICAL (CFMEU) ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 11 NOVEMBER 2013

Application for approval of the Alstom Limited La Trobe Valley Power Station Mechanical (CFMEU) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Alstom Limited La Trobe Valley Power Station Mechanical (CFMEU) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alstom Limited and the Construction, Forestry, Mining and Energy Union (CFMEU). The Agreement is a greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the CFMEU which will be covered by the Agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the CFMEU 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.

[4] My satisfaction as to s.186(6) is subject to written undertaking provided in relation to concerns raised by me in respect of approval of the Agreement, which is attached to this Decision as Annexure A and to the Agreement, in accordance with s.191(1)(b) are taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 18 November 2013. The nominal expiry date of the Agreement is 31 March 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code J, AE405233  PR544277>

ANNEXURE A