Alstom Transport Australia Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Alstom Transport Australia Pty Ltd and its employees, with the dispute centering on the approval of the Alstom Transport Australia V/Line Maintenance Supervisors Enterprise Agreement 2022. The Fair Work Commission was the court in this matter, tasked with determining whether the agreement should be certified as a simple, modern and fair agreement. The applicants argued that the agreement met all necessary requirements, while the respondents contended that certain provisions were unfair and did not adequately protect employee rights. The legal issues at hand were whether the agreement complied with the Fair Work Act 2009 and if it could be certified as a simple, modern and fair agreement.

The Commission examined the provisions of the agreement, considering the balance of rights and obligations between the parties and whether the agreement met the criteria for certification. The Commission noted that while some provisions could be seen as potentially onerous for employees, they were not so one-sided as to render the agreement unfair. The Commission also highlighted that the agreement provided for a dispute resolution process, which included mechanisms for addressing concerns about particular provisions. In light of these factors, the Commission found that the agreement was compliant with the relevant legislation and could be certified as a simple, modern and fair agreement.

Consequently, the Commission approved the Alstom Transport Australia V/Line Maintenance Supervisors Enterprise Agreement 2022, certifying it as such. The Commission's decision was based on the conclusion that the agreement, while not perfect, did not contain any provisions that were so unfair as to warrant refusal of certification. The Commission found that the agreement met the requirements of the Fair Work Act 2009 and could be considered a simple, modern and fair agreement. As a result, the agreement is now in effect and legally binding on the parties involved.

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