Progress Rail Australia Pty Ltd

[2021] FWCA 7104

[2021] FWCA 7104

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Progress Rail Australia Pty Ltd
(AG2021/8732)

PROGRESS RAIL AUSTRALIA CARDIFF
MAINTENANCE FACILITY ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER O'NEILL	MELBOURNE, 15 DECEMBER 2021

Application for approval of the Progress Rail Australia Cardiff Maintenance Facility Enterprise Agreement 2021

[1] Progress Rail Australia Pty Ltd has applied for approval of an enterprise agreement known as the Progress Rail Australia Cardiff Maintenance Facility Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 8.10 – Notice of Termination by Employee;

•  Clause 8.11 - Summary Dismissal;

•  Clause 8.12 – Withholding Payment;

•  Clause 24.6 – Protective Clothing and Equipment; and

•  Clause 36.4 – Annual Leave.

However, noting clause 30 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2021. The nominal expiry date of the Agreement is 12 October 2025.

COMMISSIONER

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