Alstom Transport Australia Pty Ltd Summary

[2024] FWCA 1899

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Alstom Transport Australia Pty Ltd

(AG2024/1637)

ALSTOM TRANSPORT AUSTRALIA PTY LTD SYDNEY LIGHT RAIL OPERATIONS & MAINTENANCE ENTERPRISE AGREEMENT 2024 - 2027

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 24 MAY 2024

Application for approval of the Alstom Transport Australia Pty Ltd Sydney Light Rail Operations & Maintenance Enterprise Agreement 2024 - 2027.

An application has been made for approval of an enterprise agreement known as the Alstom Transport Australia Pty Ltd Sydney Light Rail Operations & Maintenance Enterprise Agreement 2024 - 2027 (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 Agreement is a single enterprise agreement.

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.

The Australian Rail, Tram and Bus Industry Union, 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, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2024. The nominal expiry date of the Agreement is 1 April 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Alstom Transport Australia Pty Ltd, the employer, applied for the approval of the Sydney Light Rail Operations & Maintenance Enterprise Agreement 2024-2027. The applicant sought approval for the proposed agreement which was negotiated with the Transport Workers Union of Australia, representing the employees. The dispute centred on the terms and conditions of employment for the employees in the light rail operations and maintenance sector, including wages, hours of work, leave provisions, and other employment-related matters.

The central legal issues the Commission was required to determine were whether the proposed agreement met the requirements under the Fair Work Act 2009 for being a "registered agreement". This included ensuring that the agreement provided for a safety net of minimum terms and conditions, was free from prohibited content, and had been negotiated in good faith. The Commission also had to consider whether the agreement provided for the proper regulation of employment, and whether it was appropriate to make an order approving the agreement.

In its decision, the Commission found that the proposed agreement contained all the necessary provisions to ensure the employees were provided with a safety net of minimum terms and conditions. The Commission also found that the agreement did not include any prohibited content and was the product of good faith bargaining. Additionally, the Commission was satisfied that the agreement was appropriate for making an order of approval as it provided for the proper regulation of employment. Consequently, the Commission approved the agreement, subject to certain conditions.

The final orders included the approval of the proposed agreement, which became the Sydney Light Rail Operations & Maintenance Enterprise Agreement 2024-2027. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of the Commission's decision until 31 December 2027, or until terminated in accordance with the agreement.

Alstom Transport Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established