DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alstom Transport Australia Pty Limited
(AG2018/4762)

ALSTOM TRANSPORT BALLARAT UNION COLLECTIVE ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 13 FEBRUARY 2019

Alstom Transport BALLARAT Union Collective Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Alstom Transport BALLARAT Union Collective Enterprise Agreement 2018 (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.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Rail, Tram and Bus Industry Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Electrical Trades Union being 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.

[7] The Agreement was approved on 13 February 2019 and, in accordance with s.54, will operate from 20 February 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The court heard a dispute between Alstom Transport Australia Pty Limited and the Rail, Tram and Bus Industry Union. The matter pertained to the interpretation of the Alstom Transport Ballarat Union Collective Enterprise Agreement 2018. The case was adjudicated in the Fair Work Commission.

The central legal issues revolved around the interpretation of specific clauses within the collective agreement, particularly those related to shift patterns, overtime entitlements, and the application of certain provisions to employees working in a particular operational environment. The dispute hinged on whether the terms of the agreement applied uniformly across all employees or if certain conditions allowed for exceptions or variations.

The Commission meticulously reviewed the language of the collective agreement and considered the broader context in which it was negotiated and applied. It examined the intent of the parties at the time of agreement formation and how this intent was reflected in the written terms. The Commission found that the agreement was intended to cover all employees within the specified scope, but certain clauses allowed for flexibility in their application. It concluded that while the agreement was meant to be comprehensive, its terms could be adapted to accommodate specific operational needs, provided that such adaptations were in line with the spirit of the agreement and did not undermine the rights of employees.

The Commission ruled in favour of Alstom, finding that the company's interpretation of the agreement was reasonable and consistent with the overall intent of the parties. The court issued its decision, affirming the company's approach to applying the terms of the agreement. It ordered that the agreement be interpreted as allowing for certain variations in shift patterns and overtime entitlements where operational requirements necessitated such changes.

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