Alstom Transport Australia Pty Limited

[2024] FWCA 4387

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Alstom Transport Australia Pty Limited

(AG2024/4594)

ALSTOM TRANSPORT AUSTRALIA PTY LTD (DANDENONG) ENTERPRISE AGREEMENT 2024

Rail industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 9 DECEMBER 2024

Application for approval of the Alstom Transport Australia Pty Ltd (Dandenong) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Alstom Transport Australia Pty Ltd (Dandenong) Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alstom Transport Australia Pty Limited. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Workers' Union (AWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being the bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations. The AWU and the CEPU support approval of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2024. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Alstom Transport Australia Pty Limited, a company engaged in the rail transport industry, and its employees. The dispute centred around the approval of a proposed enterprise agreement, specifically the Alstom Transport Australia Pty Ltd (Dandenong) Enterprise Agreement 2024, which aimed to govern the terms and conditions of employment for certain workers. The Commission was tasked with determining whether the agreement complied with the statutory requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees.

The primary legal issues that the Commission had to address were whether the agreement met the procedural requirements for approval under the Fair Work Act and whether it satisfied the good faith bargaining test. This involved examining the negotiation process, the content of the agreement, and its compliance with relevant provisions of the Act, including any obligations to consult with employee representatives. The Commission also had to consider whether the agreement provided fair and reasonable terms for the employees and whether it adhered to any applicable awards or instruments.

In delivering its decision, the Fair Work Commission noted that the negotiation process appeared to be conducted in good faith, with both parties engaging in meaningful discussions. The Commission found that the proposed agreement met the necessary procedural requirements for approval and that it provided fair and reasonable terms for the employees. The content of the agreement was deemed to comply with the statutory provisions, and it was considered to be in the best interests of the employees. Consequently, the Commission approved the Alstom Transport Australia Pty Ltd (Dandenong) Enterprise Agreement 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established