Progress Rail Australia Pty Ltd
[2022] FWCA 2361
•14 JULY 2022
| [2022] FWCA 2361 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Progress Rail Australia Pty Ltd
(AG2022/2149)
Progress Rail Freight Maintenance Enterprise Agreement 2022
| Manufacturing and associated industries | |
| COMMISSIONER P RYAN | SYDNEY, 14 JULY 2022 |
Application for approval of the Progress Rail Freight Maintenance Enterprise Agreement 2022
Progress Rail Australia Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Progress Rail Freight Maintenance Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
Section 190 Undertakings
The Employer 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. The undertakings are taken to be a term of the Agreement.
Sections 186, 187, 188 and 190
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
Section 183 Bargaining representatives
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), each being a bargaining representative 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 the AMWU and the CEPU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2022. The nominal expiry date of the Agreement is 3 January 2026.
COMMISSIONER
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