Bombardier Transportation Australia Pty Ltd

[2016] FWCA 1277

[2016] FWCA 1277

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bombardier Transportation Australia Pty Ltd
(AG2016/329)

BOMBARDIER TRANSPORTATION AUSTRALIA PTY LTD QUEENSLAND A&M SERVICES AGREEMENT 2016-2019

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 29 FEBRUARY 2016

Application for approval of the Bombardier Transportation Australia Pty Ltd Queensland A&M Services Agreement 2016-2019.

[1] An application has been made for approval of an enterprise Agreement known as the Bombardier Transportation Australia Pty Ltd Queensland A&M Services Agreement 2016-2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Bombardier Transportation Australia Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that 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 are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with 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 and I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54, will operate from 7 March 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

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