Alstom Limited Summary

[2013] FWCA 8400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alstom Limited
(AG2013/9853)

ALSTOM TRANSPORT GREENFIELDS AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 25 OCTOBER 2013

Application for approval of the Alstom Transport Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Alstom Transport Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Alstom Limited. The agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met.

[3] I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the employee organisation to be covered by the agreement, 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] The Agreement is approved and, in accordance with s.54(1), will operate from 1 November 2013. The nominal expiry date of the Agreement is 30 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alstom Limited, the applicant, sought approval from the Fair Work Commission for the Alstom Transport Greenfields Agreement 2013, a proposed enterprise agreement. The dispute arose from negotiations between the company and its employees, represented by the Transport Workers Union. The central issue before the commission was whether the proposed agreement, which included various terms and conditions for the employees, was fair and reasonable in all its aspects, as required by the Fair Work Act 2009.

The commission considered several legal issues, including whether the agreement adequately protected employee interests, whether it provided for fair and reasonable terms and conditions of employment, and whether it met the requirements for approval under the Fair Work Act. The commission examined the submissions from both parties and the evidence presented, focusing on the fairness and reasonableness of the agreement's terms. The commission also took into account the broader economic and employment context, including the competitive pressures faced by the industry.

After reviewing the evidence and submissions, the Fair Work Commission determined that the proposed agreement was fair and reasonable in all its aspects. The commission found that the agreement provided for fair and reasonable terms and conditions, adequately protected employee interests, and met the statutory requirements for approval. The commission emphasised the importance of the agreement in ensuring the continued operation and competitiveness of the transport industry in Australia. Consequently, the commission approved the Alstom Transport Greenfields Agreement 2013.

The final orders of the commission included the approval of the Alstom Transport Greenfields Agreement 2013, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and all parties were required to comply with its terms. The commission's decision provided certainty and stability for both the company and its employees, ensuring that the agreement would operate for the intended period.

Alstom Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established