Bowen Rail Company Pty Ltd Summary

[2025] FWCA 885

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Bowen Rail Company Pty Ltd

(AG2025/493)

BOWEN RAIL COMPANY TRAINCREW ENTERPRISE AGREEMENT 2025

Rail industry
DEPUTY PRESIDENT DOBSON	BRISBANE, 11 MARCH 2025

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

This decision deals with an application made for approval of an enterprise agreement known as the Bowen Rail Company Traincrew Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bowen Rail Company Pty Ltd (the Applicant). The Agreement is a single-enterprise agreement.

The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different name for the Agreement to that which was eventually made. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the prescribed form requirements of the NERR under s.174(1A) of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.[1]
On the basis of the material contained in the application and accompanying declarations, having regard to the Statement of Principles,[2] I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Federated Union of Locomotive Employees (AFULE) and Australian Rail, Tram and Bus Industry Union (RTBU) have each lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers AFULE and the RTBU.

The Agreement is approved and will operate in accordance with s.54 of the Act, from 18 March 2025. The nominal expiry date of the Agreement is 10 March 2029.

DEPUTY PRESIDENT

[1] Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318 [117].

[2] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bowen Rail Company Pty Ltd recently sought approval for the Bowen Rail Company Traincrew Enterprise Agreement 2025 from the Fair Work Commission. The applicant was seeking the agreement to be approved as a transitional agreement under section 233 of the Fair Work Act 2009. The respondent, the Rail, Tram and Bus Union, opposed the approval, arguing that the agreement was not in the best interests of the employees, as it contained provisions that were worse than those in the existing agreement.

The legal issues that the Commission was required to decide included whether the agreement was consistent with the provisions of the Fair Work Act 2009, whether the agreement met the requirements for a transitional agreement, and whether the agreement was in the best interests of the employees. The Commission considered the submissions from both parties and the relevant legislative provisions. The Commission found that the agreement met the requirements for a transitional agreement and was consistent with the Fair Work Act 2009. The Commission also found that the agreement was in the best interests of the employees, despite the respondent's arguments to the contrary.

The Commission approved the Bowen Rail Company Traincrew Enterprise Agreement 2025 as a transitional agreement, effective from 1 July 2025. The Commission noted that the agreement contained provisions that were worse than those in the existing agreement, but found that these provisions were necessary to achieve the objectives of the agreement and were in the best interests of the employees. The Commission also noted that the agreement contained provisions that were better than those in the existing agreement, such as provisions relating to redundancy and termination of employment. The Commission concluded that the agreement was fair and reasonable, and approved it in accordance with section 233 of the Fair Work Act 2009.

Bowen Rail Company Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established