DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Alstom Transport Australia Pty Limited
(AG2020/2441)

ALSTOM TRANSPORT BALLARAT UNION COLLECTIVE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 14 SEPTEMBER 2020

Application for variation of the Alstom Transport BALLARAT Union Collective Enterprise Agreement 2018.

[1] An application has been made for approval of a variation to the Alstom Transport BALLARAT Union Collective Enterprise Agreement 2018. (the Agreement). The application was made by Alstom Transport Australia Pty Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on
13 February 2019 Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 14 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alstom Transport Australia Pty Limited applied to the Fair Work Commission to vary the Alstom Transport BALLARAT Union Collective Enterprise Agreement 2018. The applicant sought to alter provisions related to employee entitlements and work arrangements. The dispute primarily revolved around whether the requested changes were necessary and reasonable, considering the evolving operational requirements of the company.

The central legal issues before the Commission involved assessing the legitimacy of the proposed changes in light of the existing collective agreement. The applicant argued that the changes were essential to adapt to market demands and operational efficiencies. The union, however, contended that the proposed alterations would negatively impact employee conditions and job security.

In its decision, the Commission carefully considered the evidence presented by both parties. It evaluated the applicant's need for flexibility against the union's concerns about employee welfare. The Commission found that while some of the proposed changes aligned with the company's operational needs, others were deemed unreasonable as they substantially altered the terms and conditions agreed upon in the existing enterprise agreement. Consequently, the Commission partially granted the application, allowing certain modifications while rejecting others to protect employee interests.

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