Progress Rail Australia Pty Ltd

[2020] FWCA 6442

[2020] FWCA 6442

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Progress Rail Australia Pty Ltd
(AG2020/3400)

PROGRESS RAIL AUSTRALIA KOORAGANG ISLAND MAINTENANCE FACILITY ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 30 NOVEMBER 2020

Application for approval of the Progress Rail Australia Kooragang Island Maintenance Facility Enterprise Agreement 2020.

[1] Progress Rail Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Progress Rail Australia Kooragang Island Maintenance Facility Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, 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] 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.

[4] “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 30 November 2020 and, in accordance with s 54, will operate from 7 December 2020. The nominal expiry date of the Agreement is 31 March 2024.

DEPUTY PRESIDENT

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