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

[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

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

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

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.

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

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

CaseChat Overview and Summary

The case involved Progress Rail Australia Pty Ltd, trading as Progress Rail Australia Pty Ltd, and the Rail, Tram and Bus Industry Union (RTBU). The dispute was about the approval of the Enterprise Agreement for the Progress Rail Australia Kooragang Island Maintenance Facility 2024. The Fair Work Commission heard the matter. The central legal issue was whether the Enterprise Agreement met the requirements for approval under the Fair Work Act 2009, specifically sections 231 and 233. The Commission needed to determine if the agreement was in the public interest and complied with the provisions of the Act.

The Commission examined the submissions from both parties and considered the criteria for approval as outlined in the Fair Work Act. The key aspect of the decision involved assessing if the agreement was in the public interest, which included the impact on employees, the employer, and the broader community. The Commission also had to ensure that the agreement complied with the minimum standards set by the Act, particularly regarding employee rights and protections.

After reviewing the evidence and arguments, the Commission found that the agreement was in the public interest and complied with the Fair Work Act. The Commission was satisfied that the agreement provided a fair and reasonable outcome for both parties and met all the necessary legal criteria for approval. Consequently, the Commission approved the Enterprise Agreement for the Progress Rail Australia Kooragang Island Maintenance Facility 2024.

The final orders included the approval of the Enterprise Agreement, which would now be applicable to the employees covered by the agreement, effective from the date of the Commission's decision. The agreement would regulate the terms and conditions of employment for the employees at the Kooragang Island Maintenance Facility.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established