Bombardier Transportation Australia (V/Line Maintenance) Pty Ltd

[2013] FWCA 5679

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bombardier Transportation Australia (V/Line Maintenance) Pty Ltd
(AG2013/2276)

BOMBARDIER TRANSPORTATION (V/LINE CLASSIC) AUSTRALIA V/LINE MAINTENANCE REGIONAL SITES ENTERPRISE AGREEMENT 2012-2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 13 AUGUST 2013

Application for approval of the Bombardier Transportation (V/Line Classic) Australia V/Line Maintenance Regional Sites 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 Regional Sites 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 Australia (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 20 August 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

Bombardier Transportation Australia (V/Line Maintenance) Pty Ltd (the applicant) applied to the Fair Work Commission for approval of the Bombardier Transportation (V/Line Classic) Australia V/Line Maintenance Regional Sites Enterprise Agreement 2012-2015. The respondents to the application were the Rail, Tram and Bus Union, the National Rail Freight Union, and the Rail, Tram and Bus Union (the respondents). The application was made under section 232 of the Fair Work Act 2009, which empowers the Fair Work Commission to approve enterprise agreements if they meet the statutory requirements. The dispute centred on whether the agreement was fairly negotiated and met the criteria for approval as outlined in the Fair Work Act.

The Fair Work Commission considered several legal issues, including whether the agreement was made in good faith, whether the bargaining process was genuinely aimed at reaching agreement, and whether the agreement complied with the provisions of the Fair Work Act. Additionally, the Commission examined whether the agreement provided for a fair and reasonable outcome for employees and whether it included all the mandatory terms and conditions prescribed by the Act. The Commission also reviewed the process through which the agreement was negotiated and whether it adhered to the relevant procedural requirements.

After reviewing the submissions and evidence presented by both parties, the Fair Work Commission found that the agreement was fairly negotiated and met the statutory criteria for approval. The Commission was satisfied that the bargaining process was genuine and aimed at reaching an agreement. It was also satisfied that the agreement was fair and reasonable for the employees and included all the mandatory terms and conditions required by the Act. The Commission concluded that the agreement complied with all the necessary requirements under the Fair Work Act, including those relating to the procedural fairness of the bargaining process.

The Fair Work Commission approved the Bombardier Transportation (V/Line Classic) Australia V/Line Maintenance Regional Sites Enterprise Agreement 2012-2015. The approval was effective from the date of the decision and applied to all employees covered by the agreement. The respondents were notified of the decision and had the right to appeal to the Federal Court within 21 days of the decision date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established