Bombardier Transportation Australia Pty Ltd T/A Bombardier Transportation

[2020] FWCA 5832

[2020] FWCA 5832

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bombardier Transportation Australia Pty Ltd T/A Bombardier Transportation
(AG2020/2965)

BOMBARDIER TRANSPORTATION AUSTRALIA PTY LTD (DANDENONG) ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT CLANCY	MELBOURNE, 2 NOVEMBER 2020

Application for approval of the Bombardier Transportation Australia Pty Ltd (Dandenong) Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Bombardier Transportation Australia Pty Ltd (Dandenong) Enterprise Agreement 2020 (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 Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of Bombardier Transportation, however, taking into account the factors in s.186(3) and s.186(3A), I am satisfied that the group of employees was fairly chosen.

[3] I observe that clauses 27.3, 27.7, 30, 33.4 and 34.8 have the potential to operate in such a way that is inconsistent with the National Employment Standards (NES). However, noting clause 3.4 of the Agreement, I am satisfied the more favourable entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[5] The Australian Workers’ Union (AWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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) and based on the statutory declarations provided by the AWU and the CEPU, I note that the Agreement covers the AWU and the CEPU.

[6] The Agreement is approved and, in accordance with s.54, will operate from 9 November 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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