Progress Rail Australia Pty Ltd T/A Progress Rail Australia Pty Ltd

[2024] FWCA 3108

[2024] FWCA 3108

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Progress Rail Australia Pty Ltd T/A Progress Rail Australia Pty Ltd

(AG2024/3028)

PROGRESS RAIL AUSTRALIA KOORAGANG ISLAND MAINTENANCE FACILITY ENTERPRISE AGREEMENT 2024

Rail industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 26 AUGUST 2024

Application for approval of the Progress Rail Australia Kooragang Island Maintenance Facility Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement to be known as the Progress Rail Australia Kooragang Island Maintenance Facility Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Progress Rail Australia Pty Ltd Trading As Progress Rail Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation

1. 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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

1. I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2024. The nominal expiry date of the Agreement is 31 March 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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