Alstom Transport Australia Pty Limited

[2021] FWCA 2309

[2021] FWCA 2309

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alstom Transport Australia Pty Limited
(AG2021/4602)

ALSTOM TRANSPORT AUSTRALIA PTY LTD SYDNEY LIGHT RAIL OPERATIONS & MAINTENANCE ENTERPRISE AGREEMENT 2020-2023

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 28 APRIL 2021

Application for approval of the Alstom Transport Australia Pty Ltd Sydney Light Rail Operations & Maintenance Enterprise Agreement 2020 - 2023.

[1] An application has been made for approval of an enterprise agreement to be known as the Alstom Transport Australia Pty Ltd Sydney Light Rail Operations & Maintenance Enterprise Agreement 2020 - 2023 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Alstom Transport Australia Pty Limited (Employer). The Agreement is a single enterprise agreement.

[2] The following employee organisation (which was a bargaining representative for the Agreement), has given notice under s.183 of the Act that they want to be covered by the Agreement:

Australian Rail, Tram and Bus Industry Union (RTBU).

[3] In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 May 2021. The nominal expiry date of the Agreement is 11 November 2023.

DEPUTY PRESIDENT

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