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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bombardier Transportation Australia Pty Ltd applied to the Fair Work Commission for approval of the Queensland A&M Services Agreement 2020 - 2023. The company argued that the agreement was necessary to address operational challenges and improve efficiency, particularly in light of the COVID-19 pandemic. The application was contested by the Rail, Tram and Bus Industry Union (RTBU), which raised concerns about the impact on employee conditions, including potential reductions in hours and pay. The matter was heard by the Fair Work Commission, which had to determine whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement achieved a better outcome for employees than the existing enterprise agreement, and whether it was fair and reasonable in all the circumstances. The Commission considered the potential benefits to the company's operational efficiency and financial viability, as well as the impact on employees, including the potential for reduced hours and pay. The Commission also examined whether the agreement provided adequate safeguards and protections for employees, particularly in light of the extraordinary circumstances created by the pandemic.

In its decision, the Commission found that the proposed agreement did achieve a better outcome for employees than the existing enterprise agreement, particularly in terms of the company's financial viability and long-term sustainability. The Commission acknowledged the difficult operational challenges faced by the company, including the impact of the pandemic, and accepted that the proposed agreement would enable the company to continue to operate and provide employment opportunities. The Commission also found that the agreement provided adequate safeguards and protections for employees, including provisions for consultation, dispute resolution, and redundancy payments. Accordingly, the Commission approved the Queensland A&M Services Agreement 2020 - 2023.

The Fair Work Commission approved the Queensland A&M Services Agreement 2020 - 2023, finding that it achieved a better outcome for employees than the existing enterprise agreement and was fair and reasonable in all the circumstances. The Commission noted the difficult operational challenges faced by the company, particularly in light of the pandemic, and accepted that the proposed agreement was necessary to ensure the company's financial viability and long-term sustainability. The Commission also found that the agreement provided adequate safeguards and protections for employees, including provisions for consultation, dispute resolution, and redundancy payments.

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

Reasons for decision

Legal Principle Established