EDI Rail-Bombardier Transportation (Maintenance) Pty Ltd T/A EDI

[2017] FWCA 682

[2017] FWCA 682

FAIR WORK COMMISSION

DECISION

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

EDI Rail-Bombardier Transportation (Maintenance) Pty Ltd T/A EDI
(AG2016/7600)

EDI RAIL BOMBARDIER TRANSPORTATION (MAINTENANCE) PTY LTD ENTERPRISE AGREEMENT 2016-2020

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 2 FEBRUARY 2017

Application for approval of the EDI Rail Bombardier Transportation (Maintenance) Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the EDI Rail Bombardier Transportation (Maintenance) Pty Ltd Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by EDI Rail-Bombardier Transportation (Maintenance) Pty Ltd T/A EDI. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

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

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers these organisations.

[6] The Agreement was approved on 2 February 2017 and, in accordance with s.54, will operate from 9 February 2017. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

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Annexure A