Bombardier Transportation Australia

[2013] FWCA 274

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bombardier Transportation Australia
(AG2012/13172)

BOMBARDIER TRANSPORTATION AUSTRALIA PTY LTD (DANDENONG) ENTEPRISE AGREEMENT 2012-2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 14 JANUARY 2013

Application for approval of the Bombardier Transportation Australia Pty Ltd (Dandenong) Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Bombardier Transportation Australia Pty Ltd (Dandenong) Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Bombardier Transportation Australia. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 21 January 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

In the matter of Bombardier Transportation Australia Pty Ltd, the Fair Work Commission was called upon to consider an application for the approval of the Bombardier Transportation Australia Pty Ltd (Dandenong) Enterprise Agreement 2012-2015. The dispute arose between the company and the Transport Workers Union of Australia, the union representing the employees. The application sought the Commission's endorsement of the agreement, which outlined the terms and conditions of employment for the employees at the Dandenong site.

The legal issues before the Commission involved determining whether the enterprise agreement was genuinely a bargain between the parties, and whether it met the requirements set forth in the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement provided for a safety net of minimum entitlements and whether it contained the necessary minimum terms as prescribed by the Act. Additionally, the Commission examined whether the agreement was made in good faith and whether the process leading to its formation was fair.

The Commission found that the agreement was indeed a genuine bargain, as it was negotiated between the parties in good faith and covered a wide range of employment terms and conditions. The agreement provided for a safety net of minimum entitlements and contained the necessary minimum terms as required by the Fair Work Act. Furthermore, the process leading to the formation of the agreement was deemed fair, as it involved appropriate consultation and negotiation between the parties. In light of these findings, the Commission approved the application for the agreement's endorsement.

As a result of the Commission's decision, the Bombardier Transportation Australia Pty Ltd (Dandenong) Enterprise Agreement 2012-2015 was approved and came into effect. The agreement now governs the employment terms and conditions for the employees at the Dandenong site, providing a framework for the relationship between the employer and the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established