Progress Rail Australia Pty Ltd

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Progress Rail Australia Pty Ltd recently appeared before the Fair Work Commission to seek approval for the Progress Rail Track Maintenance Facility Enterprise Agreement 2022. The applicant, a subsidiary of Progress Rail Services Australia, sought to replace its existing enterprise agreement. The respondents, including the Rail, Tram and Bus Industry Union, opposed the application, citing various concerns related to the proposed terms and conditions.

The primary legal issues the Commission had to address were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, specifically if it provided for fair and reasonable terms and conditions, and whether it complied with procedural requirements. The Commission also examined whether the agreement provided for the fair resolution of workplace disputes, and if the process leading to the agreement was free from any procedural unfairness.

In delivering its decision, the Commission examined the process by which the agreement was negotiated and the terms proposed. The Commission noted the extensive consultation and negotiation process undertaken by the parties. It also considered the submissions from both the applicant and the respondents. Ultimately, the Commission found that the agreement provided for fair and reasonable terms and conditions and that it complied with all procedural requirements. The Commission approved the agreement, highlighting its balanced approach to the interests of both employees and the employer.

The Commission's final order was to approve the Progress Rail Track Maintenance Facility Enterprise Agreement 2022, effective from the date of the decision. The agreement is now to be registered with the Fair Work Commission, and it will replace the previous enterprise agreement in relation to the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established