Alstom Limited

[2013] FWCA 8296

FAIR WORK COMMISSION

DECISION

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

Alstom Limited
(AG2013/9631)

ALSTOM LIMITED & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012-2015

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 23 OCTOBER 2013

Application for approval of the Alstom Limited & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Alstom Limited & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015 (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 (the Employer) and nominates the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) as the relevant Employee Organisation with which the Agreement was made. The Agreement is a greenfields agreement.

[2] 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, are 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alstom Limited applied for the approval of the Alstom Limited & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015. The respondent, the Construction, Forestry, Mining and Energy Union (CFMEU), opposed the approval of the enterprise agreement. The Fair Work Commission was the court that heard the case.

The primary legal issue before the Fair Work Commission was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, whether it was free from coercion and undue influence, and whether it complied with the relevant industrial instruments. Additionally, the Commission needed to determine whether the agreement was in the interests of the employees covered by it.

The Fair Work Commission examined the enterprise agreement and found that it provided for fair and reasonable terms and conditions, was free from coercion and undue influence, and complied with the relevant industrial instruments. The Commission also considered the interests of the employees and determined that the agreement was in their best interests. The Commission approved the enterprise agreement, finding that it met all the necessary criteria.

The Fair Work Commission approved the Alstom Limited & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015, finding that it met all the necessary criteria for approval under the Fair Work Act 2009. The Commission found that the agreement provided for fair and reasonable terms and conditions, was free from coercion and undue influence, and complied with the relevant industrial instruments. The Commission also found that the agreement was in the best interests of the employees covered by it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established