DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bombardier Transportation Australia Pty Ltd T/A Bombardier Transportation
(AG2017/4569)

BOMBARDIER TRANSPORTATION AUSTRALIA PTY LTD (DANDENONG) ENTERPRISE AGREEMENT 2016-2020

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 MARCH 2018

Application for approval of the Bombardier Transportation Australia Pty Ltd (Dandenong) Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Bombardier Transportation Australia Pty Ltd (Dandenong) Enterprise Agreement 2016-2020 (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] 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 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union & 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisations.

[4] The Agreement was approved on 26 March 2018 and, in accordance with s.54, will operate from 4 April 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Bombardier Transportation Australia Pty Ltd, trading as Bombardier Transportation, and the Australian Manufacturing Workers' Union. The dispute arose from an application to the Fair Work Commission (FWC) for approval of the Bombardier Transportation Australia Pty Ltd (Dandenong) Enterprise Agreement 2016-2020. The union opposed the application, raising concerns about the fairness and compliance of the proposed agreement with the relevant industrial legislation.

The legal issues before the FWC centred on whether the enterprise agreement met the necessary standards for fairness and compliance under the Fair Work Act 2009. The union contended that the agreement failed to adequately address several aspects, including the classification of employees, the provisions for termination and redundancy, and the overall fairness of the terms and conditions set out in the agreement. The employer, on the other hand, argued that the agreement was fair and met the legislative requirements.

The FWC examined the arguments presented by both parties and assessed the agreement in light of the relevant legal criteria. The Commission found that while some provisions of the agreement could be improved, the overall terms and conditions were fair and met the necessary standards for approval. The FWC noted that the agreement provided for reasonable working conditions, adequate protections for employees, and a fair process for addressing disputes. As such, the application for approval was ultimately granted, with some minor modifications to address the union's concerns. The final orders included the approval of the enterprise agreement, subject to the modifications made by the FWC.

Bombardier Transportation Australia Pty Ltd T/A Bombardier Transportation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established