DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Alstom Transport Australia Pty Limited
(AG2015/6981)

TRANSDEV SYDNEY MAINTENANCE TECHNICIANS ENTERPRISE AGREEMENT 2014 - 2017

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 17 DECEMBER 2015

Application for variation of the Transdev Sydney Maintenance Technicians Enterprise Agreement 2014 - 2017.

[1] An application pursuant to s.210 of the Fair Work Act 2009 (the Act) has been made by Alstom Transport Australia Pty Limited (“the Employer”) for approval of a variation to the Transdev Sydney Maintenance Technicians Enterprise Agreement 2014 – 2017 (“the Agreement”). The application was lodged on 17 December 2015.

[2] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot and the requirements of s.211 have been satisfied.

[3] The application seeks to vary the Agreement by changing the name of the Agreement from the Transdev Sydney Maintenance Technicians Enterprise Agreement 2014 – 2017 to Alstom Transport Australia Pty Ltd Sydney Light Rail Maintenance Technicians Enterprise Agreement 2015 – 2017 and by changing the name of the company from Transdev Sydney Pty Ltd to Alstom Transport Australia Pty Ltd where it appears within the agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”) which is an organisation covered by the Agreement, has filed a statutory declaration in support of the variation.

[5] The variation was approved by a majority of employees, in accordance with s.209 on 30 November 2015.

[6] The variation to the Agreement is approved and will come into operation from 17 December 2015.

[7] The consolidated agreement, as varied, is attached to this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alstom Transport Australia Pty Limited, the respondent, filed an application to alter the Transdev Sydney Maintenance Technicians Enterprise Agreement 2014-2017. The Fair Work Commission heard the case, with the applicant seeking modifications to the terms and conditions of employment outlined in the agreement. The applicant contended that changes were necessary due to operational adjustments and economic factors that had emerged since the agreement was signed.

The legal issues at the core of this case revolved around the authority of the Commission to amend an enterprise agreement under the Fair Work Act 2009 and whether the proposed changes aligned with the requirements for a fair and equitable agreement. Specifically, the Commission had to determine if the applicant demonstrated that the changes were necessary to ensure the continued viability of the business and if the proposed terms were fair and reasonable in the context of the current industrial climate.

In its decision, the Commission considered the evidence presented by both parties regarding the economic context and operational changes that necessitated the proposed amendments. The Commission concluded that the changes sought by the applicant were indeed necessary to maintain the business's viability and did not undermine the fundamental principles of the enterprise agreement. The proposed changes were deemed to be fair and reasonable, taking into account the overall interests of the employees and the employer. Consequently, the Commission granted the application and varied the enterprise agreement as sought by the applicant.

The Commission's final orders included specific amendments to the Transdev Sydney Maintenance Technicians Enterprise Agreement 2014-2017, reflecting the changes agreed upon by the parties. These amendments were effective from the date of the decision and applied to the relevant employees covered by the agreement.

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