Alstom Transport Australia Pty Limited T/A Alstom Transport Australia Pty Limited

[2024] FWCA 4611

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Alstom Transport Australia Pty Limited T/A Alstom Transport Australia Pty Limited

(AG2024/4902)

ALSTOM TRANSPORT AUSTRALIA PTY LTD SYDNEY METRO ENTERPRISE AGREEMENT 2024

Rail industry
COMMISSIONER MCKINNON	SYDNEY, 20 DECEMBER 2024

Application for approval of the Alstom Transport Australia Pty Ltd Sydney Metro Enterprise Agreement 2024

Alstom Transport Australia Pty Limited T/A Alstom Transport Australia Pty Limited (Alstom Transport) has applied for approval of a single enterprise agreement known as the Alstom Transport Australia Pty Ltd Sydney Metro Enterprise Agreement 2024 (the Agreement).

Employees were not provided with a hard copy of the Agreement or notified of the vote at least 7 full calendar days prior to the commencement of voting. Having considered Alstom Transport’s submissions on the matter, I am satisfied that the errors were of a minor procedural nature and not likely to disadvantage any employee. On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 27 December 2024. The nominal expiry date of the Agreement is 27 December 2027.

The Agreement covers the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Alstom Transport Australia Pty Limited, trading as Alstom Transport Australia Pty Limited, applied for approval of the Alstom Transport Australia Pty Limited Sydney Metro Enterprise Agreement 2024. The application involved the terms and conditions of employment for employees engaged by Alstom under the agreement. The Commission was tasked with determining whether the agreement met the statutory requirements for approval, including provisions related to pay, conditions, dispute resolution, and other matters.

The legal issues before the Commission included whether the agreement provided for a fair and reasonable system of classification and remuneration, whether it included adequate provisions for dispute resolution, and whether it complied with the applicable industrial relations laws. The Commission also needed to consider the views of the employees and the employer, as well as any relevant public interest considerations.

After reviewing the application and the submissions from both parties, the Commission found that the agreement met the necessary criteria for approval. The Commission was satisfied that the agreement provided for a fair and reasonable system of classification and remuneration, contained adequate provisions for dispute resolution, and complied with the relevant industrial relations laws. The Commission also considered the views of the employees and employer, and determined that the public interest would be served by approving the agreement. As a result, the Commission approved the Alstom Transport Australia Pty Limited Sydney Metro Enterprise Agreement 2024.

The Commission's decision was communicated to both parties, and the agreement entered into force on the date specified in the approval order. The approval of the agreement ensures that the employees of Alstom Transport Australia Pty Limited will be covered by a legally binding enterprise agreement that sets out their terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established