DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alstom Limited
(AG2015/4451)

ALSTOM LIMITED AND THE AMWU (ALTONA AREA) AGREEMENT 2015 - 2017

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 SEPTEMBER 2015

Application for approval of the Alstom Limited and the AMWU (Altona Area) Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Alstom Limited and the AMWU (Altona Area) Agreement 2015 - 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Alstom Limited. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] Based on statutory declaration provided by the organisation, 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 was approved on 2 September 2015 and, in accordance with s.54, will operate from 9 September 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alstom Limited applied for the approval of an agreement with the AMWU (Altona Area), which was set to govern the employment terms of its workers from 2015 to 2017. The dispute arose over certain provisions in the agreement, including those related to the classification of workers and the establishment of a safety committee. The application was heard by the Fair Work Commission.

The primary legal issues before the Commission were whether the provisions in question complied with the relevant legislative framework and if they met the standards for a fair and equitable agreement. This involved scrutinising the classification of workers and the structure and functions of the proposed safety committee. The Commission also had to consider the fairness and reasonableness of the agreement in the broader context of industrial relations.

In reaching its decision, the Commission thoroughly examined the provisions of the Fair Work Act 2009 and related regulations. It found that the classification of workers in the agreement was in line with legislative requirements and did not unfairly discriminate against any group of employees. The Commission also determined that the establishment of the safety committee was reasonable and would effectively contribute to workplace safety. After considering all arguments and evidence presented, the Commission approved the agreement, concluding that it was fair and equitable for the employees and the employer.

The final orders included the approval of the Alstom Limited and the AMWU (Altona Area) Agreement 2015-2017, effective from the specified dates. The Commission's decision provided clarity on the classification of workers and the role of the safety committee, ensuring that the agreement could be implemented without further legal challenges.

Alstom Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established