Bowen Rail Company Pty Ltd

[2025] FWCA 3159

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Bowen Rail Company Pty Ltd

(AG2025/3107)

BOWEN RAIL COMPANY MAINTAINER ENTERPRISE AGREEMENT 2025

Rail industry
COMMISSIONER DURHAM	BRISBANE, 19 SEPTEMBER 2025

Application for approval of the Bowen Rail Company Maintainer Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Bowen Rail Company Maintainer Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bowen Rail Company Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Rail. Tram and Bus Industry Union (RTBU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the RTBU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bowen Rail Company Pty Ltd applied to the Fair Work Commission for approval of the Bowen Rail Company Maintainer Enterprise Agreement 2025. The dispute involved the terms and conditions of employment for the company’s employees, specifically those in the role of maintainers. The court was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues were whether the agreement contained all the mandatory provisions required by the Fair Work Act, whether the agreement had been fairly negotiated, and whether it would provide fair and reasonable outcomes for employees. The company argued that the agreement was comprehensive and had been negotiated in good faith, while the employees’ representative contended that certain terms were not fair or reasonable.

The Fair Work Commission found that the agreement contained all mandatory provisions and was fairly negotiated. However, the Commission identified some terms that did not meet the standard of fairness and reasonableness, particularly in relation to penalty rates and overtime provisions. After some amendments were made to address these concerns, the Commission approved the agreement. The Commission held that, with the changes, the agreement would provide fair and reasonable outcomes for employees and was in the best interests of the company and its workforce.

The Fair Work Commission approved the Bowen Rail Company Maintainer Enterprise Agreement 2025, subject to the amendments made to certain terms. The company was directed to implement the changes and notify all affected employees. The employees’ representative was also directed to take any necessary steps to ensure the agreement was properly implemented.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established