Alstom Limited Summary

[2014] FWCA 3965

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alstom Limited
(AG2014/1405)

ALSTOM LIMITED SOUTH WESTERN AUSTRALIA MAINTENANCE AND REFURBISHMENT WORKPLACE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 20 JUNE 2014

Application for approval of the ALSTOM Limited South Western Australia Maintenance and Refurbishment Workplace Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the ALSTOM Limited South Western Australia Maintenance and Refurbishment Workplace Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Alstom Limited, applied to the Fair Work Commission for approval of the ALSTOM Limited South Western Australia Maintenance and Refurbishment Workplace Agreement 2014. The dispute centered on the terms of the proposed agreement and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the requirements for simplification, clarity, and fairness, and whether it was consistent with the national employment standards and modern awards applicable to the employees.

The primary legal issue before the Commission was whether the proposed workplace agreement adhered to the statutory criteria set out in the Fair Work Act. This included assessing whether the agreement was in writing, contained terms that were clear and easily understood, and did not negatively impact the employees’ conditions of employment. Additionally, the Commission had to consider whether the agreement provided terms and conditions that were no less favourable than the national employment standards and applicable modern awards. The Commission also needed to ensure that the agreement had been made in good faith and was not the result of any improper conduct.

In reaching its decision, the Commission examined the content of the proposed agreement against the statutory requirements. It found that the agreement met the necessary criteria for approval. The terms were clear and easily understood, and they did not disadvantage the employees in terms of their conditions of employment. The Commission also confirmed that the agreement did not contravene the national employment standards or the relevant modern awards. Furthermore, the Commission was satisfied that the agreement had been made in good faith and without any improper conduct.

The Fair Work Commission approved the ALSTOM Limited South Western Australia Maintenance and Refurbishment Workplace Agreement 2014, determining that it complied with all relevant statutory requirements. The agreement was therefore valid and enforceable under the Fair Work Act.

Alstom Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established