Application by Progress Rail Australia Pty Ltd Trading AS Progress Rail
Citation: [2026] FWCA 1606
What happened
Progress Rail Australia Pty Ltd applied to have the Progress Rail Cardiff Maintenance Facility Enterprise Agreement 2025 approved by the Fair Work Commission. The company identified a typographical error in clause 37.1, relating to wage increases. This clause incorrectly stated '3% or CPI whichever is greater', when it should read '3% or CPI capped at 4%, whichever is greater'. The Australian Manufacturing Workers' Union (AMWU) agreed with the correction and requested the agreement cover them.
What was decided
The Fair Work Commission approved the Progress Rail Cardiff Maintenance Facility Enterprise Agreement 2025. The Commission corrected a typographical error in clause 37.1, aligning it with the parties’ agreed position. The AMWU's request for coverage under the agreement was noted. The agreement will operate from June 29, 2026, and expire on October 12, 2029.
What it means for employers
Employers should carefully review enterprise agreements before submission to ensure accuracy, particularly regarding financial clauses like wage increases. Identifying and correcting errors proactively can streamline the approval process and avoid potential disputes.
What it means for employees
Employees should be aware of their right to request coverage under an enterprise agreement. This ensures they benefit from the terms and conditions outlined in the agreement.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections