Bombardier Transportation Australia (V/Line Maintenance) Pty Ltd

[2021] FWCA 1139

[2021] FWCA 1139

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bombardier Transportation Australia (V/Line Maintenance) Pty Ltd
(AG2021/98)

BOMBARDIER TRANSPORTATION AUSTRALIA V/LINE MAINTENANCE VICTORIAN SITES ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 2 MARCH 2021

Application for approval of the Bombardier Transportation Australia V/Line Maintenance Victorian Sites Enterprise Agreement 2020.

[1] Bombardier Transportation Australia (V/Line Maintenance) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Bombardier Transportation Australia V/Line Maintenance Victorian Sites Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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] At lodgement, the employer identified in the Form F16 application differed from that covered by the Agreement. The Employer provided a statutory declaration addressing this error on 17 February 2021, including an amended Form F16 and Form F17 reflecting the applicant/Employer as Bombardier Transportation Australia (V/Line Maintenance) Pty Ltd. In the circumstances, I am satisfied that the amendment to the application should be allowed and that it is appropriate to do so pursuant to s 586 of the Act.

[4] The Notice of Employee Representational Rights issued to employees incorrectly identified the Employer as ‘Bombardier Transportation Australia’. The Employer provided submissions addressing the error on 26 February 2021. I am satisfied having regard to those submissions and to the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others 1(Huntsman)that in the present circumstances this constitutes a minor technical or procedural error for the purposes of
s 188(2)(a) of Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error.

[5] Accordingly, notwithstanding the matter identified in paragraph 4 above, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2).

[6] “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Australian Rail, Tram and Bus Industry Union being a bargaining representative for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[7] The Agreement was approved on 2 March 2021 and, in accordance with s 54, will operate from 9 March 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 1   [2019] FWCFB 318