DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Progress Rail Australia Pty Ltd
(AG2020/3301)

PROGRESS RAIL TRACK FACILITY MAINTENANCE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER JOHNS	SYDNEY, 3 DECEMBER 2020

Application for approval of the Progress Rail Track Facility Maintenance Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Progress Rail Track Facility Maintenance Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Progress Rail Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 December 2020. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Progress Rail Australia Pty Ltd applied to the Federal Circuit Court of Australia for approval of the Progress Rail Track Facility Maintenance Agreement 2020. The dispute involves the agreement between Progress Rail, a maintenance service provider, and the Australian Rail Track Corporation (ARTC), which owns and operates certain rail infrastructure. The court was asked to determine whether the agreement was in the public interest and aligned with the statutory requirements under the Rail Transport (Safety Management Systems) Act 2006.

The primary legal issues before the court were whether the agreement sufficiently ensured the maintenance of safety management systems and whether it complied with the statutory obligations regarding public interest considerations. The court also examined whether the agreement provided for adequate monitoring and reporting mechanisms to ensure compliance with safety standards. The arguments centred on the interpretation of statutory provisions and the extent to which the agreement met the necessary criteria for approval.

The court found that the agreement was in the public interest and met all statutory requirements. It determined that the agreement provided for comprehensive safety management systems and included robust monitoring and reporting mechanisms. The court was satisfied that the agreement would ensure the maintenance of rail infrastructure in a manner that prioritised safety and aligned with public interest considerations. As a result, the court approved the agreement, confirming its compliance with the relevant statutory provisions.

No further orders were made beyond the approval of the agreement. The decision affirmed the court's role in ensuring that maintenance agreements for critical infrastructure meet necessary safety and public interest standards.

Progress Rail Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established