Progress Rail Australia Pty Ltd Summary

[2022] FWCA 3619

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Progress Rail Australia Pty Ltd

(AG2022/4216)

Progress Rail Port Augusta Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 19 OCTOBER 2022

Application for approval of the Progress Rail Port Augusta Enterprise Agreement 2022

Progress Rail Australia Pty Ltd has made an application for the approval of an enterprise agreement known as the Progress Rail Port Augusta Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

The model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

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

The Agreement was approved on 19 October 2022 and, in accordance with s 54, will operate from 24 October 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Progress Rail Australia Pty Ltd for the approval of the Progress Rail Port Augusta Enterprise Agreement 2022. The dispute arose under the Fair Work Act 2009, specifically addressing the procedural fairness of the agreement. The application was heard in the Fair Work Commission. The central legal issues revolved around whether the agreement was made in accordance with the requirements of the Fair Work Act and whether there was sufficient evidence to demonstrate that the agreement was genuinely negotiated between the employer and the employees. Key points included the employer's compliance with the mandatory consultation provisions and the adequacy of the negotiation process.

The Commission examined the procedural fairness of the agreement, considering the steps taken by Progress Rail Australia Pty Ltd to consult with employee representatives and the extent of their participation in the negotiation process. The Commission assessed the evidence provided, including written submissions and testimonies, to determine if the agreement met the statutory requirements for approval. The court placed particular emphasis on the employer's adherence to the Act's provisions regarding genuine bargaining and adequate consultation. The analysis also involved reviewing the content of the agreement to ensure it did not unfairly disadvantage any party.

In its decision, the Commission found that the employer had complied with the necessary consultation and negotiation requirements under the Fair Work Act. The evidence demonstrated that the agreement was genuinely negotiated and that employee representatives were adequately involved in the process. The Commission was satisfied that the agreement met the statutory criteria for approval. Consequently, the Commission approved the Progress Rail Port Augusta Enterprise Agreement 2022, confirming its compliance with the Act. The court's approval was based on a comprehensive evaluation of the procedural fairness and the evidence of genuine negotiation presented by the parties involved.

Progress Rail Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established