Alstom Transport Australia Pty Ltd
[2022] FWCA 3628
•20 OCTOBER 2022
| [2022] FWCA 3628 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Alstom Transport Australia Pty Ltd
(AG2022/4210)
Alstom Transport Australia V/Line Maintenance Supervisors Enterprise Agreement 2022
| Manufacturing and associated industries | |
| COMMISSIONER O'NEILL | MELBOURNE, 20 OCTOBER 2022 |
Application for approval of the Alstom Transport Australia V/Line Maintenance Supervisors Enterprise Agreement 2022
Alstom Transport Australia Pty Ltd has applied for approval of an enterprise agreement known as the Alstom Transport Australia V/Line Maintenance Supervisors Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Rail, Tram and Bus Industry Union, 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) I note that the Agreement covers the organisations.
I observe that clause 30 is likely to be inconsistent with the National Employment Standards (NES). However, noting the undertaking given by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 October 2022. The nominal expiry date of the Agreement is 30 June 2026.
COMMISSIONER
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Annexure A
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