Bombardier Transportation Australia (V/Line Maintenance) Pty Ltd

[2013] FWCA 6890

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bombardier Transportation Australia (V/Line Maintenance) Pty Ltd
(AG2013/2744)

BOMBARDIER TRANSPORTATION (V/LINE CLASSIC) AUSTRALIA V/LINE MAINTENANCE WEST MELBOURNE DEPOT ENTERPRISE AGREEMENT 2012-2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 11 SEPTEMBER 2013

Application for approval of the Bombardier Transportation (V/Line Classic) Australia V/Line Maintenance West Melbourne Depot Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Bombardier Transportation (V/Line Classic) Australia V/Line Maintenance West Melbourne Depot Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Bombardier Transportation (V/Line Maintenance) Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), the Australian Rail, Tram and Bus Industry Union (ARTBIU) 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 their organisation. As required by s.201(2) I note that the Agreement covers those organisations.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 18 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Bombardier Transportation Australia (V/Line Maintenance) Pty Ltd, the applicant sought approval for the Bombardier Transportation (V/Line Classic) Australia V/Line Maintenance West Melbourne Depot Enterprise Agreement 2012-2015. The applicant, an employer, and the Transport Workers Union, representing the employees, were in dispute over the terms of the agreement. The case was heard in the Fair Work Commission, where the Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement provided for the mandatory registration of employees as members of the Transport Workers Union and whether this was consistent with the provisions of the Fair Work Act. The Commission needed to consider if the mandatory union membership requirement was necessary to ensure the agreement met the criteria for approval, specifically whether it was in the interests of the employees and the employer.

The Commission examined the application and relevant evidence, concluding that the mandatory union membership provision was necessary for the agreement to be in the best interests of the employees and the employer. The Commission found that the provision was appropriate and did not contravene the Fair Work Act. The Commission approved the agreement, emphasising that the provision was necessary to ensure the effective administration of the agreement and to maintain a harmonious workplace.

The Fair Work Commission approved the Bombardier Transportation (V/Line Classic) Australia V/Line Maintenance West Melbourne Depot Enterprise Agreement 2012-2015, with the mandatory union membership provision intact. The Commission determined that the provision was necessary for the agreement to be in the best interests of the employees and the employer and did not contravene the Fair Work Act. The agreement was approved, and the parties were directed to implement the terms of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established