Bombardier Transportation Australia Pty Ltd T/A Bombardier Transportation

[2021] FWCA 487

[2021] FWCA 487

FAIR WORK COMMISSION

DECISION

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

Bombardier Transportation Australia Pty Ltd T/A Bombardier Transportation
(AG2020/4200)

BOMBARDIER TRANSPORTATION AUSTRALIA PTY LTD QUEENSLAND A&M SERVICES AGREEMENT 2020 - 2023

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 2 FEBRUARY 2021

Application for approval of the Bombardier Transportation Australia Pty Ltd Queensland A&M Services Agreement 2020 - 2023.

[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 2020 - 2023 (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 T/A Bombardier Transportation (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Australian Rail, Tram and Bus Industry Union (ARTBI) and the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) 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 ARTBI and the AMWU.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2021. The nominal expiry date of the Agreement is 3 years later, being 9 February 2024.

COMMISSIONER

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