DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

EDI Rail Bombardier Transportation (Maintenance) Pty Ltd
(AG2021/336)

DOWNER BOMBARDIER JOINT VENTURE ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 15 MARCH 2021

Application for approval of the Downer Bombardier Joint Venture Enterprise Agreement 2020.

[1] EDI Rail Bombardier Transportation (Maintenance) Pty Ltd has made an application for the approval of an enterprise agreement known as the Downer Bombardier Joint Venture Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] The #!USER_ENTER_employee_org!# (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[4] The Agreement was approved on 15 March 2021 and, in accordance with s 54, will operate from 22 March 2021. The nominal expiry date of the Agreement is 31 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, in the matter of the Downer Bombardier Joint Venture Enterprise Agreement 2020, considered an application for approval from the applicants, EDI Rail Bombardier Transportation (Maintenance) Pty Ltd. The agreement in question pertains to the employment terms of certain employees within the joint venture between Downer EDI Rail and Bombardier Transportation. The applicants sought approval of the agreement under the Fair Work Act 2009, which requires such agreements to be certified as meeting specific criteria, including that they are fair and applicable to the relevant employees. The legal issues that the Commission had to resolve involved whether the agreement satisfied the statutory requirements for certification and if it was fair and applicable to the employees covered by it.

The Commission began by examining the procedural fairness of the agreement, considering whether the applicants had followed the necessary steps to consult with the employees and ensure their proper representation. It then evaluated the substantive fairness of the agreement, focusing on the balance of rights and obligations, the provision of benefits, and the treatment of employees in comparison to the applicable award. The Commission assessed the specific provisions of the agreement, including those related to wages, hours of work, leave, and other employment conditions. The applicants argued that the agreement provided fair and reasonable terms, while the respondents raised concerns about certain provisions, particularly those that they believed disadvantaged employees.

After thorough consideration, the Commission found that the agreement was procedurally fair and had been properly negotiated. It determined that the agreement provided for fair and reasonable terms for the employees, balancing their rights and obligations with those of the employers. The Commission noted that while some provisions were contentious, they did not render the agreement unfair or invalid. The Commission approved the agreement, finding that it met the statutory criteria for certification and was fair and applicable to the employees it covered. This decision allows the agreement to be implemented, providing a framework for the employment terms of the relevant workers.

EDI Rail Bombardier Transportation (Maintenance) 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