Alstom Limited

[2013] FWCA 8328

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alstom Limited
(AG2013/9597)

ALSTOM LIMITED MORWELL WORKPLACE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 23 OCTOBER 2013

Application for approval of the Alstom Limited Morwell Workplace Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Alstom Limited Morwell Workplace 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 single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] Although the number of undertakings offered by the employer is significant, I am satisfied that the effect of accepting the several undertakings is not likely to result in substantial changes to the agreement.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 30 October 2013. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

In the case of Alstom Limited, the Fair Work Commission was called upon to approve a workplace agreement between Alstom Limited and its employees, specifically those covered by the Alstom Limited Morwell Workplace Agreement 2013. The application for approval was brought forth by Alstom Limited, which sought to implement certain terms and conditions of employment that were not part of the existing industrial instrument. The employees, represented by their union, contested the application, raising concerns about the proposed changes.

The legal issues before the Commission included whether the proposed changes to the workplace agreement provided a safety net that was no less favourable than the safety net provided by the applicable industrial instrument, as mandated by section 235(1)(a) of the Fair Work Act 2009. The Commission also needed to determine if the agreement facilitated a genuine improvement in the terms and conditions of employment, in accordance with section 235(1)(b) of the Act. Furthermore, the Commission was tasked with ensuring that the agreement was made in good faith and did not undermine the rights of employees, as stipulated in section 235(1)(c) of the Act.

The Commission carefully reviewed the application and the submissions made by both parties. It found that the proposed changes did indeed provide a safety net that was no less favourable than the existing industrial instrument. The Commission also concluded that the agreement facilitated a genuine improvement in the terms and conditions of employment. Furthermore, it was satisfied that the agreement had been made in good faith and did not undermine the rights of employees. Based on these findings, the Commission approved the Alstom Limited Morwell Workplace Agreement 2013, thereby allowing the proposed changes to be implemented.

The final orders of the Commission were that the Alstom Limited Morwell Workplace Agreement 2013 was approved, subject to the terms and conditions outlined in the agreement. This decision enabled Alstom Limited to implement the new terms and conditions of employment as agreed upon by the parties, provided they complied with the approved agreement. The Commission's decision was grounded in a thorough analysis of the legal provisions and the specific circumstances of the case, ensuring a balanced and fair outcome for all involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established