Progress Rail Australia Pty Ltd

[2025] FWCA 2943

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Progress Rail Australia Pty Ltd

(AG2025/2570)

PROGRESS RAIL PORT AUGUSTA ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER ROGERS	ADELAIDE, 1 SEPTEMBER 2025

Application for approval of the Progress Rail Port Augusta Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Progress Rail Port Augusta Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Progress Rail Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Pursuant to s.205A(2) of the Act, the Workplace Delegates’ Rights term in Clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act from 8 September 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Progress Rail Australia Pty Ltd, the applicant sought approval of the Progress Rail Port Augusta Enterprise Agreement 2025. The dispute arose from the application for the endorsement of the agreement which had been negotiated between the employer and the employees. The application was heard in the Fair Work Commission of Australia. The central legal issues revolved around the fairness and appropriateness of the terms of the proposed agreement. Specifically, the Commission needed to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including whether it provided for appropriate mechanisms for dispute resolution, and whether it was free from any unfair terms as per section 232 of the Act.

The Commission undertook a detailed examination of the agreement, considering both the content of the proposed terms and the process through which they were negotiated. It was established that the agreement had been negotiated in good faith and that the terms were not only reasonable but also provided adequate protections and benefits for the employees. The Commission found that the agreement was fair and appropriate, noting that it included provisions for dispute resolution that were consistent with the standards set out in the Act. Furthermore, the Commission confirmed that none of the terms were unfair, as they were necessary to protect the interests of both the employer and the employees.

Consequently, the Fair Work Commission approved the Progress Rail Port Augusta Enterprise Agreement 2025. The decision recognised the fairness of the terms negotiated and the compliance of the agreement with the requirements of the Fair Work Act 2009. This endorsement ensures that the agreement will provide a stable and fair framework for the employment relationship between Progress Rail Australia Pty Ltd and its employees for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established