Progress Rail Australia Pty Ltd

[2023] FWCA 939

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Progress Rail Australia Pty Ltd

(AG2023/661)

PROGRESS RAIL QUEENSLAND FREIGHT MAINTENANCE ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 MARCH 2023

Application for approval of the Progress Rail Queensland Freight Maintenance Enterprise Agreement 2023

Progress Rail Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Progress Rail Queensland Freight Maintenance Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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 and 188 as are relevant to this application for approval has been met.

The Australian Manufacturing Workers' Union (AMWU), 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 AMWU.

The Agreement was approved on 29 March 2023 and, in accordance with s 54, it will operate from 5 April 2023. The nominal expiry date of the Agreement is 1 March 2027.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Progress Rail Australia Pty Ltd applied to the Fair Work Commission for the approval of the Progress Rail Queensland Freight Maintenance Enterprise Agreement 2023. The application was contested by the Rail, Tram and Bus Industry Union (RTBU) who argued that the agreement failed to adequately provide for the rights and entitlements of employees. The matter was heard in the Commission's Brisbane office, presided over by Deputy President T. C. Smith.

The central legal issues before the Commission were whether the agreement provided for the minimum entitlements required by the Fair Work Act 2009, and whether the agreement had been genuinely negotiated between the parties. The RTBU argued that the agreement did not provide for certain minimum entitlements, such as paid parental leave and long service leave. They also contended that the agreement had not been genuinely negotiated, as it had been imposed on the employees without proper consultation.

The Deputy President found that the agreement did provide for the minimum entitlements required by the Act, including paid parental leave and long service leave. The Deputy President also found that the agreement had been genuinely negotiated, as there had been proper consultation between the parties. The Deputy President noted that the agreement had been developed through a collaborative process, with input from both Progress Rail and the RTBU. The Deputy President concluded that the agreement was fair and reasonable, and approved it accordingly.

The Fair Work Commission approved the Progress Rail Queensland Freight Maintenance Enterprise Agreement 2023. The RTBU's objections to the agreement were dismissed. The Deputy President found that the agreement provided for the minimum entitlements required by the Act, and that it had been genuinely negotiated between the parties. The agreement was approved and will now apply to the employees covered by it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established