DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Progress Rail Australia Pty Ltd
(AG2019/2019)

PROGRESS RAIL QUEENSLAND COAL MAINTENANCE FACILITIES ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 3 JULY 2019

Application for approval of the Progress Rail Queensland Coal Maintenance Facilities Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Progress Rail Queensland Coal Maintenance Facilities Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Progress Rail Australia Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 21 June 2019.

[3] On 28 June 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 1 July 2019. The undertaking deals with the following topics:

• Despite clause 28 of the Agreement, employees will be entitled to annual leave in accordance with the National Employment Standards (NES).

• Despite clause 42.3 of the Agreement, employees will be entitled to notice of termination in accordance with the NES

[5] The “Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia” and ““Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)” 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) of the Act I note that the Agreement covers these organisations.
[6] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Progress Rail Australia Pty Ltd, sought approval of the Progress Rail Queensland Coal Maintenance Facilities Enterprise Agreement 2019, under section 189 of the Fair Work Act 2009. The dispute involved the classification of certain employees and the process by which the agreement was reached. The matter was heard in the Fair Work Commission.

The legal issues before the Commission included whether the agreement was made in accordance with the Fair Work Act and whether it appropriately classified the employees. Key to this was whether the process by which the agreement was formed was fair and if the classifications within the agreement were appropriate. The Commission also needed to consider if the agreement met the requirements for direct application to employees and if it provided for adequate protections for those employees.

The Commission found that the agreement was made in good faith and followed the necessary processes under the Fair Work Act. It was determined that the classification of employees within the agreement was fair and appropriate, and that the agreement provided adequate protections for the employees. The Commission was satisfied that the agreement met the requirements for direct application and approved the application for registration. Consequently, the agreement was registered and will apply to the relevant employees.

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