Alstom Transport Australia Pty Ltd
[2024] FWCA 3275
•17 SEPTEMBER 2024
| [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
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