DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alstom Transport Australia Pty Limited
(AG2015/4271)

ALSTOM TRANSPORT BALLARAT UNION COLLECTIVE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 AUGUST 2015

Application for approval of the Alstom Transport BALLARAT Union Collective Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Alstom Transport BALLARAT Union Collective Enterprise Agreement 2015 (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] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Rail, Tram and Bus Industry 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) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 18 August 2015 and, in accordance with s.54, will operate from 25 August 2015. The nominal expiry date of the Agreement is 31 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Alstom Transport Australia Pty Limited, a company in the transport industry, and the Australian Manufacturing Workers' Union. The dispute centred on the approval of the Alstom Transport Ballarat Union Collective Enterprise Agreement 2015. The Fair Work Commission (FWC) was tasked with determining whether the agreement should be approved. The Commission examined the agreement to ensure it complied with the Fair Work Act 2009 and adhered to the principles of the Fair Work system.

The key legal issues included whether the agreement provided adequate protections for employees, if the terms and conditions were fair and reasonable, and whether the agreement complied with the requirements of the Fair Work Act. The Commission also had to consider if the agreement was consistent with the enterprise bargaining process and whether it promoted harmonious, productive, and cooperative workplace relations. The primary focus was on assessing whether the agreement met the minimum standards set out in the Fair Work Act and if it provided for fair and reasonable terms and conditions.

In evaluating the agreement, the FWC considered the submissions from both parties and the broader context of the industry. The Commission noted that the agreement provided for a range of benefits, including wages, leave entitlements, and other terms and conditions of employment. The Commission determined that the agreement met the legal requirements and promoted harmonious, productive, and cooperative workplace relations. The FWC approved the agreement, finding that it provided fair and reasonable terms and conditions for the employees involved. The decision highlighted the importance of adhering to the principles of the Fair Work system and ensuring that agreements promote positive workplace relations.

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