Australian Rail Track Corporation Ltd

[2025] FWCA 2372

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Australian Rail Track Corporation Ltd

(AG2025/2181)

ARTC NSW, SA AND WA INFRASTRUCTURE MAINTENANCE ENTERPRISE AGREEMENT 2025

Rail industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 18 JULY 2025

Application for approval of the ARTC NSW, SA and WA Infrastructure Maintenance Enterprise Agreement 2025

Introduction

Australian Rail Track Corporation Ltd (Employer) has made an application for approval of an enterprise agreement known as the ARTC NSW, SA and WA Infrastructure Maintenance Enterprise Agreement 2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Appendix 3 of the Agreement. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

The Australian Manufacturing Worker Union (AMWU) and the Australian Rail, Tram and Bus Industry Union (RTBU), being representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them.

In accordance with s.201(2), I note that the Agreement covers the AMWU and the RTBU.

Approval

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 July 2025. The nominal expiry date of the Agreement is 25 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Australian Rail Track Corporation Limited sought approval from the Fair Work Commission for the ARTC NSW, SA and WA Infrastructure Maintenance Enterprise Agreement 2025. The application arose from a negotiation process between the parties involved, which included the ARTC and several unions representing the employees. The dispute centred around the terms and conditions of employment for infrastructure maintenance workers across New South Wales, South Australia, and Western Australia. The Fair Work Commission was tasked with determining whether the proposed agreement met the legal requirements and standards set out in the Fair Work Act 2009.

The primary legal issues that the Commission had to address were whether the agreement provided for a fair and reasonable set of terms and conditions, and whether it complied with the relevant provisions of the Fair Work Act. This included assessing the agreement's provisions on minimum rates of pay, penalty rates, leave entitlements, and other employment-related matters. The Commission also had to consider the extent to which the agreement met the "better off overall test", ensuring that employees were not worse off financially under the new agreement.

The Commission found that the proposed agreement met the necessary legal requirements and standards. It determined that the agreement provided for fair and reasonable terms and conditions for the employees and was in compliance with the relevant provisions of the Fair Work Act. The Commission concluded that the agreement satisfied the better off overall test, as it offered employees improved conditions and benefits without any financial detriment. Consequently, the Commission approved the ARTC NSW, SA and WA Infrastructure Maintenance Enterprise Agreement 2025, and it will now be binding on the parties involved.

The final orders of the Commission were that the ARTC NSW, SA and WA Infrastructure Maintenance Enterprise Agreement 2025 be approved as a registered agreement, effective from the date of the decision. This means that the agreement will be binding on the ARTC and the employees covered by it, and it will regulate the terms and conditions of employment for the relevant workers across New South Wales, South Australia, and Western Australia. The Commission's decision brings finality to the negotiation process and ensures that the employees will benefit from the agreed-upon terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established