Progress Rail Australia Pty Ltd
[2022] FWCA 829
•9 MARCH 2022
| [2022] FWCA 829 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Progress Rail Australia Pty Ltd
(AG2022/473)
The Progress Rail Track Maintenance Facility Enterprise Agreement 2022
| Manufacturing and associated industries | |
| COMMISSIONER MCKINNON | SYDNEY, 9 MARCH 2022 |
Application for approval of the Progress Rail Track Maintenance Facility Enterprise Agreement 2022.
Progress Rail Australia Pty Ltd has applied for approval of a single enterprise agreement known as the Progress Rail Track Maintenance Facility Enterprise Agreement 2022 (the Agreement).
The requirement to provide employees with notice of the time, place and voting method for approval of the Agreement has not been met. This is because there were not at least seven clear days between the giving of the notice and the vote to approve the Agreement. Progress Rail has explained the error and the circumstances in which it occurred. Having regard to that explanation, as well as the number of employees who voted and their overwhelming support for the Agreement, I am satisfied that the error was a minor procedural error that is not likely to have disadvantaged any employee.
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.
The Agreement is approved and will operate from 16 March 2022. The nominal expiry date of the Agreement is 31 December 2025.
The model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
COMMISSIONER
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