DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bombardier Transportation Australia Pty Ltd
(AG2015/1254)

BOMBARDIER TRANSPORTATION AUSTRALIA PTY LTD - EAGLE FARM ENTERPRISE AGREEMENT 2015-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 25 JUNE 2015

Application for approval of the Bombardier Transportation Australia Pty Ltd - Eagle Farm Enterprise Agreement 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the Bombardier Transportation Australia Pty Ltd - Eagle Farm Enterprise Agreement 2015-2016 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

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

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 2 July 2015. The nominal expiry date of the Agreement is 1 March 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bombardier Transportation Australia Pty Ltd applied for approval of the Bombardier Transportation Australia Pty Ltd - Eagle Farm Enterprise Agreement 2015-2016. The applicant sought the approval of the agreement under section 232 of the Fair Work Act 2009. The dispute arose from negotiations between the applicant and the Transport Workers Union of Australia (Queensland Branch). The Fair Work Commission heard the matter, with the union objecting to the proposed agreement on several grounds.

The legal issues before the Commission were whether the proposed agreement met the requirements of section 230 of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and if it was appropriately certified by the Independent Certifier. The Commission needed to determine if the agreement was in the best interests of the employees and whether it provided for a fair and efficient workplace. The union argued that the agreement did not adequately address certain provisions, including those relating to casual employees and the treatment of employees who were members of the union.

The Fair Work Commission found that the proposed agreement did not meet the requirements of section 230 of the Fair Work Act 2009. The Commission noted that the agreement did not provide for fair and reasonable terms and conditions, particularly in relation to the treatment of union members and casual employees. The Commission also found that the agreement was not in the best interests of the employees, as it did not adequately address the concerns raised by the union. The Commission rejected the application for approval of the proposed agreement.

Bombardier Transportation Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established