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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alstom Transport Australia Pty Limited applied to the Fair Work Commission (FWC) for approval of the Sydney Light Rail Operations & Maintenance Enterprise Agreement 2020 - 2023. The application was opposed by the Rail, Tram and Bus Industry Union (RTBU). The nature of the dispute centred around the fairness and compliance of the proposed agreement with the Fair Work Act 2009 (FW Act).

The legal issues before the FWC included whether the agreement met the "better off overall test" (BOOT) and whether it complied with relevant provisions of the FW Act. The RTBU argued that the proposed agreement did not sufficiently benefit employees and contained terms that were unfair. The FWC needed to determine whether the agreement met the necessary standards for approval.

The FWC found that the proposed agreement did meet the BOOT, as it provided benefits to employees that outweighed any disadvantages. The FWC also concluded that the agreement was compliant with the FW Act, notwithstanding some minor defects that could be rectified. The FWC approved the agreement with conditions to address the minor defects raised by the RTBU.

Alstom Transport Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established