DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bombardier Transportation Australia Pty Ltd
(AG2018/3477)

BOMBARDIER TRANSPORTATION AUSTRALIA PTY LTD (DRY CREEK RAIL CAR DEPOT) ENTERPRISE AGREEMENT 2018- 2021

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 DECEMBER 2018

Application for approval of the Bombardier Transportation Australia Pty Ltd (Dry Creek Rail Car Depot) Enterprise Agreement 2018-2021.

[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 2018-2021 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2018. The nominal expiry date of the Agreement is 10 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Bombardier Transportation Australia Pty Ltd, the Fair Work Commission was called upon to decide whether to approve the Enterprise Agreement between the company and the employees of the Dry Creek Rail Car Depot for the period 2018 to 2021. The agreement, which aimed to regulate various terms and conditions of employment, was contested on several grounds including whether it complied with the Fair Work Act 2009 and whether it met the procedural requirements for approval.

The primary legal issues before the Commission were whether the agreement was made in good faith, whether it was fairly negotiated, and if it met the criteria for "not contrary to the public interest" as outlined in the Fair Work Act. The employer argued that the agreement was a result of genuine bargaining and was in the best interest of both parties. Conversely, concerns were raised about certain clauses in the agreement, particularly those relating to wages and conditions, which were alleged to be unfair and not reflective of genuine negotiations.

The Commission examined the evidence and submissions from both parties and found that while the agreement had been made in good faith and was the product of genuine negotiations, some provisions were not in line with the requirements of the Act. The Commission highlighted that certain terms were overly restrictive and did not allow for flexibility which is essential in a modern workplace. Despite these concerns, the Commission concluded that the overall benefits of the agreement outweighed the minor deficiencies and approved the agreement with some modifications to address the identified issues.

The final orders of the Commission included the approval of the Enterprise Agreement with certain amendments to ensure compliance with the Fair Work Act. The modifications were aimed at ensuring fairness and flexibility in the workplace, particularly in relation to the contested clauses. The Commission's decision ultimately balanced the interests of the employer and the employees while adhering to the statutory requirements for enterprise agreements.

Bombardier Transportation Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established