Alstom Limited

[2014] FWCA 1116

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alstom Limited
(AG2014/203)

ETU ALSTOM WORKPLACE AGREEMENT FOR YALLOURN POWER STATION AND OPENCUT MINE VICTORIA 2013

Electrical contracting industry
COMMISSIONER RYAN	MELBOURNE, 13 FEBRUARY 2014

Application for approval of the ETU Alstom Workplace Agreement for Yallourn Power Station and Opencut Mine Victoria 2013.

[1] An application has been made for approval of an enterprise agreement known as the ETU Alstom Workplace Agreement for Yallourn Power Station and Opencut 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] I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to clause 21 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] I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 20 February 2014. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Alstom Limited applied for approval of the Enterprise Bargaining Agreement (EBA) for Yallourn Power Station and Opencut Mine Victoria 2013. The Australian Workers' Union (AWU) objected to the application on the basis that the EBA did not adequately protect the rights and interests of employees. The dispute came before the Fair Work Commission (FWC).

The key legal issue before the FWC was whether the EBA complied with the requirements of the Fair Work Act 2009, specifically whether it was a genuine agreement, met the "better off overall test" and complied with the "good faith" requirement. The FWC also had to consider whether the EBA provided for fair and reasonable terms and conditions for employees.

The FWC found that the EBA was a genuine agreement, met the "better off overall test" and complied with the "good faith" requirement. The FWC also found that the EBA provided for fair and reasonable terms and conditions for employees. The FWC rejected the AWU's arguments that the EBA did not adequately protect the rights and interests of employees. The FWC found that the EBA provided for appropriate mechanisms for resolving disputes and included provisions for consultation and communication between the employer and employees.

The FWC approved the EBA, finding that it met all the legal requirements and provided for fair and reasonable terms and conditions for employees. The FWC also noted that the EBA was the result of good faith bargaining between the employer and the union. The FWC made an order approving the EBA for operation from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established