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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, EDI Rail-Bombardier Transportation (Maintenance) Pty Ltd T/A EDI, applied to the Fair Work Commission for approval of an enterprise agreement that was negotiated with various unions. The dispute arose from the terms and conditions of employment for workers under the proposed agreement, specifically regarding the classification and pay rates for certain employees. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it was in the best interests of the employees involved. The applicant argued that the agreement was fair and reasonable, while the unions contended that certain aspects of the agreement, particularly relating to pay rates and classification, were not equitable. The Commission had to weigh the arguments and determine whether the agreement met the statutory requirements for approval.

In reaching its decision, the Commission considered the principles of good faith bargaining, the need for fairness and equity in workplace agreements, and the specific provisions of the Fair Work Act. The Commission found that, while the agreement contained some provisions that were not in the best interests of certain employees, overall the agreement was fair and reasonable. The Commission approved the enterprise agreement with some modifications to address the concerns raised by the unions. The modifications included adjustments to the pay rates and classification of certain employees to ensure they were not disadvantaged by the agreement.

The final orders of the Commission were that the enterprise agreement be approved with the modifications as outlined in the decision. The applicant was required to implement the changes within a specified timeframe and to provide the necessary documentation to the Commission to evidence compliance. The unions were directed to take such action as was necessary to give effect to the approved agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established