Progress Rail Australia Pty Ltd
[2023] FWCA 2648
•21 AUGUST 2023
| [2023] FWCA 2648 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Progress Rail Australia Pty Ltd
(AG2023/2693)
PROGRESS RAIL REDBANK STAFF ENTERPRISE AGREEMENT 2022
| Manufacturing and associated industries | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 21 AUGUST 2023 |
Application for approval of the Progress Rail Redbank Staff Enterprise Agreement 2022
Progress Rail Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Progress Rail Redbank Staff Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.
Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.
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.
The Australian Rail, Tram and Bus Industry Union (RTBU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the RTBU.
The Agreement was approved on 21 August 2023 and, in accordance with s 54, it will operate from 28 August 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE521199 PR765397>
Annexure A
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