Alstom Limited

[2014] FWCA 3229

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Alstom Limited

(AG2014/1022)

ALSTOM LIMITED AMWU CERTIFIED AGREEMENT FOR

YALLOURN POWER STATION AND OPEN CUT MINE VICTORIA,

2013

Manufacturing and associated industries

COMMISSIONER RYAN

MELBOURNE, 15 MAY 2014

Application for approval of the Alstom Limited AMWU Certified Agreement for Yallourn
Power Station and Open Cut Mine Victoria, 2013.

[1] An application has been made for approval of an enterprise agreement known as the

Alstom Limited AMWU Certified Agreement for Yallourn Power Station and Open Cut Mine

Victoria, 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 greenfields

agreement.

[2] Undertakings have been given in relation to the Agreement and those undertakings

have become terms of the Agreement in accordance with s.191(1) of the Act and areee
appended at Appendix A.

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

[4] 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.

[2014] FWCA 3229

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 22 May 2014. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2014] FWCA 3229

APPENDIX A

CaseChat Overview and Summary

Alstom Limited, an Australian company, applied for the approval of the Alstom Limited AMWU Certified Agreement for Yallourn Power Station and Open Cut Mine Victoria, 2013, under section 185 of the Fair Work Act 2009. The Australian Manufacturing Workers’ Union (AMWU) represented the employees who would be subject to the agreement. The application was for the approval of a greenfields enterprise agreement, meaning it was for a new workplace or a major change to an existing workplace. The AMWU had provided undertakings that were incorporated into the agreement as per section 191(1) of the Act.

The primary legal issues the court had to decide were whether the AMWU was entitled to represent the majority of employees covered by the agreement and if approving the agreement would be in the public interest. The court had to ensure that the requirements of sections 186 and 187 of the Fair Work Act were met, including verifying the representation rights of the AMWU and the public interest considerations. The court also had to review the undertakings provided by the AMWU and ensure that all conditions for approval were satisfied.

The court found that the AMWU was entitled to represent the majority of employees affected by the agreement and that it was in the public interest to approve the agreement. The court was satisfied that the requirements of sections 186 and 187 of the Act were met, including the review of the undertakings provided by the AMWU. Consequently, the court approved the agreement, which would operate from 22 May 2014 and expire on 31 March 2016. The decision was made in accordance with section 54(1) of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established