Australia Western Railroad Pty Ltd Trading AS Aurizon Summary

[2025] FWCA 3182

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australia Western Railroad Pty Ltd Trading AS Aurizon

(AG2025/2936)

AURIZON BULK (WESTERN AUSTRALIA) ROLLINGSTOCK MAINTENANCE ENTERPRISE AGREEMENT 2025

Rail industry
COMMISSIONER SCHNEIDER	PERTH, 22 SEPTEMBER 2025

Application for approval of the Aurizon Bulk (Western Australia) Rollingstock Maintenance Enterprise Agreement 2025

Australia Western Railroad Pty Ltd Trading AS Aurizon (the Applicant) has made an application, under section 185 of the Fair Work Act 2009 (Cth) (the Act), for the approval of a single enterprise agreement known as the Aurizon Bulk (Western Australia) Rollingstock Maintenance Enterprise Agreement 2025 (the Agreement).

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

Clause 4.2 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Australian Manufacturing Workers’ Union (AMWU), and the Australian Rail, Tram and Bus Industry Union (jointly, the Unions), being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they seek to be covered by the Agreement.

In accordance with section 201(2) of the Act, and based on the declarations provided, I confirm that the Unions are covered by the Agreement.

The Agreement is approved and, in accordance with section 54(1)(b) of the Act, will operate from 5 October 2025.

The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Australia Western Railroad Pty Ltd, trading as Aurizon, and the Fair Work Commission. The application is for the approval of the Aurizon Bulk (Western Australia) Rollingstock Maintenance Enterprise Agreement 2025. The agreement in question sets out the terms and conditions of employment for rollingstock maintenance employees in Western Australia. The legal issues the court needed to decide pertained to whether the agreement provided for the employees' pay and conditions in a manner that was fair and reasonable, whether it complied with the relevant industrial laws and standards, and whether it met the requirements for approval under the Fair Work Act 2009.

The court examined the contents of the agreement, including the provisions related to wages, hours of work, leave entitlements, and other employment conditions. It considered whether the agreement provided for fair and reasonable terms and conditions of employment, taking into account the principles of fairness and reasonableness set out in the Fair Work Act. The court also considered whether the agreement complied with any relevant industrial laws and standards, including the National Employment Standards and any applicable awards or agreements. The court further considered whether the agreement met the requirements for approval under the Fair Work Act, including whether it had been negotiated in good faith and whether it provided for a proper and effective means of resolving any disputes that may arise.

After carefully considering the evidence and arguments presented by both parties, the court concluded that the Aurizon Bulk (Western Australia) Rollingstock Maintenance Enterprise Agreement 2025 met the requirements for approval under the Fair Work Act. The court found that the agreement provided for fair and reasonable terms and conditions of employment, complied with relevant industrial laws and standards, and provided for a proper and effective means of resolving any disputes that may arise. The court approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act. The final orders of the court included the approval of the agreement, with the modifications noted, and the setting aside of any previous orders or agreements that were inconsistent with the approved agreement.

Australia Western Railroad Pty Ltd Trading AS Aurizon

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established