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austlii:cth/FWCA/2026/969
General information, not legal advice.
FWCA
2026-04-16
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
PROGRESS RAIL FREIGHT MAINTENANCE ENTERPRISE AGREEMENT 2026
Application for approval of the Progress Rail Freight Maintenance Enterprise Agreement 2026
[1] Progress Rail Australia Pty Ltd has applied for approval of a single enterprise agreement known as the Progress Rail Freight Maintenance Enterprise Agreement 2026 (Agreement). The application is made under section 185 of the Fair Work Act 2009 (Act).
[2] Clause 51 of the Agreement is titled "Workplace Delegate Rights". It is arguably less favourable than the corresponding provisions in clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 (Award), as it does not reflect the changes to the Award clause resulting from the decision of the Full Bench of the Commission in Decision [2026] FWCFB 5. While this may not itself be a barrier to approval of the Agreement, it raises the question as to whether section 205A(2) of the Act applies.
[3] I raised this issue with Progress Rail. It agreed that in any decision approving the Agreement, I should determine that clause 51 of the Agreement is of no effect and that clause 40A of the Award be taken to be a term of the Agreement.
[4] I find that clause 51 of the Agreement is less favourable than clause 40A of the Award. Under section 205A(2) of the Act, clause 51 of the Agreement has no effect and clause 40A of the Award is taken to be a term of the Agreement.
[5] Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to the application have been met.
[6] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) was a bargaining representative for the Agreement. It supports approval of the Agreement. It has given notice under section 183 of the Act that it wants the Agreement to cover it.
[7] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) was also a bargaining representative for the Agreement. It too has given notice under section 183 of the Act that it wants the Agreement to cover it.
[8] As required by section 201(2) of the Act, I note that the Agreement covers the AMWU and the CEPU.
[9] The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 23 April 2026. The nominal expiry date of the Agreement is 3 January 2030.
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