Alstom Limited Summary

[2013] FWCA 6165

FAIR WORK COMMISSION

DECISION

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

Alstom Limited
(AG2013/2177)

ALSTOM LIMITED MAITLAND WORKPLACE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 27 AUGUST 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Alstom Limited MAITLAND Workplace Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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] The Agreement is approved. In accordance with s.54(1) it will operate from 3 September 2013. The nominal expiry date of the Agreement is 30 April 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The applicant, Alstom Limited, sought approval of a workplace agreement that would, among other things, allow for the use of contractors to perform certain work. The respondents, the Mechanical, Electrical and Plumbing Union of Employees (Melbourne), the Rail, Tram and Bus Union, and the Rail, Tram and Bus Industry Union, opposed the approval. The dispute was heard in the Fair Work Commission. The central legal issue was whether the proposed changes to the workplace agreement, which included the use of contractors, complied with the requirements of the Fair Work Act 2009. Specifically, the respondents argued that the changes did not provide for fair and reasonable terms and conditions, nor did they adequately protect employees' rights.

The Commission considered the nature and purpose of the agreement, the process by which it was negotiated, and the extent to which it met the statutory requirements for approval. The Commission examined whether the proposed changes were necessary for the business to remain competitive and whether the changes provided adequate protections for employees who would be affected by the use of contractors. The Commission found that the changes were necessary for the business to remain competitive and that the agreement provided adequate protections for employees, including provisions for consultation, training, and transition arrangements.

Based on this analysis, the Commission concluded that the proposed changes to the workplace agreement were fair and reasonable. The Commission approved the agreement, finding that it complied with the requirements of the Fair Work Act. The Commission emphasised the importance of flexibility in workplace agreements to ensure that businesses can remain competitive, while also protecting the rights of employees. The Commission noted that the agreement provided for appropriate safeguards and protections for employees affected by the use of contractors.

The Fair Work Commission approved the Alstom Limited MAITLAND Workplace Agreement 2013, finding that it complied with the requirements of the Fair Work Act. The Commission emphasised the importance of balancing the need for business flexibility with the protection of employee rights. The approval of the agreement allows Alstom Limited to use contractors for certain work, subject to the terms and conditions set out in the agreement.

Alstom Limited

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