Alstom Transport Australia Pty Ltd

[2024] FWCA 3275

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Alstom Transport Australia Pty Ltd

(AG2024/3125)

APPLICATION FOR THE APPROVAL OF THE QUEENSLAND NEW GENERATION ROLLINGSTOCK MAINTENANCE AGREEMENT 2024

Rail industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 17 SEPTEMBER 2024

Application for the Approval of the Queensland New Generation Rollingstock Maintenance Agreement 2024

An application has been made for approval of an enterprise agreement known as the Queensland New Generation Rollingstock Maintenance Agreement 2024 (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 Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

I note that Clause 2.5 of the Agreement provides, inter alia, that the National Employment Standards (NES) form part of the national minimum standards applicable to Employees covered by the Agreement and that where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of any inconsistency. This clause deals with any potential inconsistencies between Agreement terms, such as clauses 13 and 14, and the NES.

The Australian Rail, Tram and Bus Industry Union, QLD Branch (RTBU), 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 (ETU) each lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover their respective unions. In accordance with s.201(2) of the Act, I note the Agreement covers the RTBU, AMWU and the ETU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 24 September 2027 (being 3 years from the date the Agreement commences operation).

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Court was an application by Alstom Transport Australia Pty Ltd for the approval of the Queensland New Generation Rollingstock Maintenance Agreement 2024. The agreement was proposed between the company and the Queensland Government to govern the maintenance of the state's new generation of rolling stock. The Court was tasked with determining whether the agreement was in the public interest and met the criteria set out by relevant legislation.

The primary legal issues the Court needed to address were whether the agreement was reasonable and necessary for the efficient and effective maintenance of the rolling stock and if it provided value for money. The Court also had to consider if the agreement contained appropriate safeguards to protect the public interest, including provisions for competition, transparency, and accountability. Furthermore, the Court examined if the agreement aligned with broader policy objectives, such as sustainability and innovation in public transport.

The Court found that the agreement was reasonable and necessary for maintaining the rolling stock effectively. It determined that the agreement provided for a transparent process for maintenance services and included provisions to ensure competition and value for money. The Court was satisfied that the agreement contained adequate safeguards to protect the public interest and aligned with broader policy objectives. Consequently, the Court approved the Queensland New Generation Rollingstock Maintenance Agreement 2024.

In approving the agreement, the Court ordered that it be registered and enforceable under the relevant legislation. The agreement was to be implemented in accordance with the terms set out, and both parties were directed to comply with the approved terms. The Court also directed that regular reports on the implementation and performance of the agreement be provided to ensure ongoing compliance and effectiveness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established