Alstom Transport Australia Pty Ltd

[2025] FWCA 2335

[2025] FWCA 2335

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Alstom Transport Australia Pty Ltd

(AG2025/2026)

ALSTOM TRANSPORT AUSTRALIA PTY LIMITED PERTH METRONET ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER LIM	PERTH, 17 JULY 2025

Application for approval of the Alstom Transport Australia Pty Limited Perth Metronet Enterprise Agreement 2025.

1. Alstom Transport Australia Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Alstom Transport Australia Pty Limited Perth Metronet Enterprise Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

1. The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (together, the organisations), 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 declarations provided by the organisations, I note that the organisations are covered by the Agreement.

1. The Agreement was approved on 17 July 2025 and, in accordance with s 54, will operate from 24 July 2025. The nominal expiry date of the Agreement is 31 March 2028.

Variation

1. Following the application for the approval of the Agreement, the Applicant applied under s 218A to correct or amend obvious errors, defects or irregularities in the Agreement (AG2025/2032). The Applicant says that the wages table in Appendix 3 of the Agreement, at page 53 of 59, does not include the Ordinary Rate that applies to Wage Group C5 due to administrative oversight. It now seeks to replace the wages table in Appendix 3 with the one filed with the application made under s 218A.

1. As has been noted in recent decisions of the Commission,[1] s 218A of the Act is akin to the slip rule found in s 602 of the Act which allows the Commission to correct or amend an obvious error, defect or irregularity (whether in substance or form) in relation to a decision of the Commission. Its evident purpose is to remove complexity associated with varying enterprise agreements containing obvious errors, defects or irregularities by simplifying the process by which corrections may be made.

1. Before an amendment under s 218A can be made, I must be satisfied of the existence of an obvious error, defect or irregularity (whether in substance or form). Upon the finding of such an error, defect or irregularity, the Commission may vary the enterprise agreement. The power to vary should only be exercised to the extent necessary to remove the error, defect or irregularity.

1. I satisfied that the wages table in Appendix 3 contains an obvious error. Noting that the organisations did not object to the amendments sought, I am satisfied that it is appropriate to amend the Agreement accordingly.

Order

1. I order pursuant to s 281A of the Act that the Agreement be varied to delete the wages table in Appendix 3 and be replaced with the one filed by the Applicant. The Agreement that accompanies this Decision contains the amendment.

1. This variation will operate from the date the Agreement commences, being 17 July 2025.

COMMISSIONER

[1] See for example [2023] FWCA 844 per Gostencnik DP, and [2023] FWC 115 per Asbury DP (as Vice President Asbury then was).

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