Bombardier Transportation Australia Pty Ltd

[2015] FWCA 6236

[2015] FWCA 6236

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bombardier Transportation Australia Pty Ltd
(AG2015/4496)

BOMBARDIER TRANSPORTATION AUSTRALIA PTY LTD (DANDENONG) ENTERPRISE AGREEMENT 2015 - 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 9 SEPTEMBER 2015

Application for approval of the Bombardier Transportation Australia Pty Ltd (Dandenong) Enterprise Agreement 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the Bombardier Transportation Australia Pty Ltd (Dandenong) Enterprise Agreement 2015-2016. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bombardier Transportation Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[6] The Agreement was approved on 9 September 2015 and, in accordance with s.54, will operate from 16 September 2015. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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Annexure A