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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Bombardier Transportation Australia Pty Ltd sought approval for the Enterprise Agreement between itself and the employees of its Dandenong site for the period 2015 to 2016. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining the validity of the agreement, considering factors such as the nature of the agreement, the process by which it was negotiated, and its compliance with relevant provisions of the Act.

The primary legal issue the Commission needed to address was whether the agreement was a "registered agreement" as defined under the Fair Work Act. This involved scrutiny of the bargaining process and whether it adhered to the prescribed requirements, including the necessity for genuine bargaining and the absence of any coercion or unfairness. Additionally, the Commission had to examine whether the agreement contained all the mandatory terms and conditions as stipulated by the Act and if it was fair and reasonable in all its aspects.

The Commission determined that the agreement met the necessary criteria for approval. It found that the bargaining process was genuine and that no unfair practices were involved. The agreement was comprehensive, containing all the required mandatory terms, and was deemed fair and reasonable in its entirety. Consequently, the Commission approved the agreement, allowing it to be registered and enforceable under the Act.

The Commission's final order was the approval and registration of the Bombardier Transportation Australia Pty Ltd (Dandenong) Enterprise Agreement 2015-2016, effective from the date of the decision. This decision not only validated the agreement but also ensured that it would govern the employment conditions at the Dandenong site for the specified period.

Bombardier Transportation Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established