Bombardier Transportation Australia (V/Line Maintenance) Pty Ltd T/A Bombardier Transportation, Vline Classic

[2017] FWCA 5243

[2017] FWCA 5243

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bombardier Transportation Australia (V/Line Maintenance) Pty Ltd T/A Bombardier Transportation, Vline Classic
(AG2017/3136)

BOMBARDIER TRANSPORTATION (V/LINE CLASSIC) AUSTRALIA V/LINE MAINTENANCE WEST MELBOURNE DEPOT ENTERPRISE AGREEMENT 2015-2019

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 10 OCTOBER 2017

Application for approval of the Bombardier Transportation (V/Line Classic) Australia V/Line Maintenance West Melbourne Depot Enterprise Agreement 2015-2019.

[1] On 25 July 2017 Bombardier Transportation Australia (V/Line Maintenance) Pty Ltd T/A Bombardier Transportation, Vline Classic (Applicant) made an application for approval of the Bombardier Transportation (V/Line Classic) Australia V/Line Maintenance West Melbourne Depot Enterprise Agreement 2015-2019 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the undertakings were provided to the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Australian Rail, Tram and Bus Industry Union for their reference.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Australian Rail, Tram and Bus Industry Union 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), the Commission notes that the Agreement covers these organisations.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 17 October 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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Annexure A