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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Progress Rail Australia Pty Ltd applied for the Fair Work Commission's approval of the Progress Rail Australia Kooragang Island Maintenance Facility Enterprise Agreement 2020. The applicant and the respondents were involved in a dispute over the terms of the proposed agreement. The primary legal issues that the court had to address were whether the agreement was made in good faith, whether it met the requirements of the Fair Work Act 2009, and whether it provided for the proper and effective resolution of workplace issues.

The court considered the evidence presented by both parties and examined the agreement's provisions. The applicant argued that the agreement was made in good faith and met all the necessary requirements. The respondents raised concerns about specific provisions of the agreement, arguing that they were not in the best interests of the employees. After carefully considering the arguments and evidence, the court found that the agreement was made in good faith and met the statutory requirements. The court also found that the agreement provided for the proper and effective resolution of workplace issues.

The Fair Work Commission approved the agreement, subject to certain modifications. The modifications included changes to the provisions that the respondents had raised concerns about. The court's decision was based on a detailed analysis of the agreement's provisions and the evidence presented by both parties. The court found that the agreement was fair and reasonable and provided for the proper and effective resolution of workplace issues. The final orders of the court included the approval of the agreement, subject to the modifications made by the court.

Progress Rail Australia 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