Alstom Transport Australia Pty Limited

[2021] FWCA 1133

[2021] FWCA 1133

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alstom Transport Australia Pty Limited
(AG2021/3938)

ALSTOM TRANSPORT AUSTRALIA PTY LIMITED PERTH METRONET ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 2 MARCH 2021

Application for approval of the Alstom Transport Australia Pty Limited Perth Metronet Enterprise Agreement 2021.

[1] An application has been made for approval of a greenfields agreement known as the Alstom Transport Australia Pty Limited Perth Metronet Enterprise Agreement 2021 (the Agreement). The application was made by Alstom Transport Australia Pty Limited pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) are 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.

[3] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 41(d) – Abandonment of Employment.

However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with THE Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 March 2021. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

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