Bombardier Transportation Australia Pty Ltd

[2014] FWCA 5183

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bombardier Transportation Australia Pty Ltd
(AG2014/1852)

BOMBARDIER TRANSPORTATION AUSTRALIA PTY LTD (DRY CREEK RAIL CAR DEPOT) ENTERPRISE AGREEMENT 2014-2018

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 2 AUGUST 2014

Application for approval of the Bombardier Transportation Australia Pty Ltd (Dry Creek Rail Car Depot) Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Bombardier Transportation Australia Pty Ltd (Dry Creek Rail Car Depot) Enterprise Agreement 2014-2018 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2014. The nominal expiry date of the Agreement is 9 August 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bombardier Transportation Australia Pty Ltd, an employer, and the Rail, Tram and Bus Industry Union, an employee representative, sought approval of the Bombardier Transportation Australia Pty Ltd (Dry Creek Rail Car Depot) Enterprise Agreement 2014-2018. The application was heard in the Fair Work Commission. The main legal issue before the Commission was whether the enterprise agreement contained provisions that were contrary to the Fair Work Act 2009. Specifically, the parties disputed whether certain provisions were in accordance with the Act's requirements.

The Fair Work Commission examined the provisions of the enterprise agreement to determine if they complied with the Fair Work Act 2009. The Commission found that certain provisions did not comply with the Act. However, the Commission exercised its discretion to approve the enterprise agreement with modifications to the non-compliant provisions. The modifications were made to ensure the agreement met the requirements of the Act.

The Fair Work Commission approved the enterprise agreement with the modifications, finding that the agreement would be fair and reasonable for the employees and employer. The Commission noted that the agreement provided for a fair and efficient workplace, and the modifications ensured compliance with the Act. The modifications primarily related to the calculation of penalty rates and the inclusion of a clause allowing for the variation of working hours. The final orders of the Commission were that the enterprise agreement be approved with the modifications as outlined in the decision.

CaseChat Overview and Summary

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