Event and Time
Event Description
- Date: February 18, 2022
- Parties Involved: Patrick Georgeson (Applicant) vs. Alstom Transport Australia Proprietary Limited (First Respondent).
- Context: Georgeson filed an application seeking declarations that Alstom breached the Fair Work Act 2009 (Cth) by not following the disciplinary procedures outlined in their Enterprise Bargaining Agreement (EBA).
Application and Claims
- Claims by the Applicant:
- Allegation of contravention of section 50 of the Fair Work Act 2009. - Sought pecuniary penalties and compensation under section 545(2)(b) of the Fair Work Act. - Argued that the employer's actions (the letter and meeting request) constituted disciplinary measures that breached the EBA.
Judicial Decisions
- Decision: Application dismissed. The judge found no breach of the EBA based on the interpretation of the disciplinary procedures.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Arguments:
- The letter sent to Georgeson to attend a meeting was a disciplinary measure. - The actions taken by Alstom (the letter and meeting request) indicated serious allegations that could lead to disciplinary action, including termination. - Alstom failed to provide details of the allegations prior to the meeting, breaching clause 14.3 of the EBA, which stipulated that employees must be informed of allegations in writing before disciplinary action.
- Respondent's Arguments:
- The meeting was simply an invitation for Georgeson to respond to allegations and did not constitute the implementation of disciplinary measures. - Clause 14.3(a) articulated that actions mentioned in (b)(i), (ii), and (iii) are not disciplinary measures but processes to be followed prior to any disciplinary action being taken. - Therefore, the respondent argued there was no breach of the EBA as they had not yet implemented any disciplinary measures.