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

[1] Alstom Transport Australia Pty Ltd ("Applicant") has applied to vary clause 2.6 of the Queensland New Generation Rollingstock Maintenance Agreement 2024[1] (the Agreement) to correct the nominal expiry date.

[2] The proposed variation to clause 2.6 of the Agreement, seeks to replace the words "will continue to operate for 3 years" with "will nominally expire 9 February 2027." The Applicant submits that this will ensure the Agreement reflects the actual expiry date that was agreed in the negotiations, communicated to employees during the access period and subsequently made by virtue of a successful vote by the majority of those who chose to vote on it. The Applicant further submits that the period of 3 years was intended to run from when its predecessor Agreement had expired and on that basis contends that the nominal expiry date should be 9 February 2027.

[3] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the Rail Tram and Bus Union (RTBU) do not object to the application.

[4] On the materials before me, I find clause 2.6 of the Agreement to be attended by obvious errors in relation to its nominal expiry date.

[5] The Agreement will be varied to correct the error under section 218A of the Fair Work Act 2009. The variation will give effect to the agreement reached between the parties and is necessary to provide certainty about the nominal expiry date of the Agreement.

[6] The variation will operate retrospectively from the date the Agreement commenced operation, being 24 September 2024. A consolidated version of the Agreement as varied is attached to this Decision.

[1] AE526084; [2024] FWCA 3275.

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