DT Infrastructure Pty Ltd

[2025] FWCA 2657

[2025] FWCA 2657

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

DT Infrastructure Pty Ltd

(AG2025/2292)

DTI WA RAIL ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER ROGERS	ADELAIDE, 8 AUGUST 2025

Application for approval of the DTI WA Rail Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the DTI WA Rail Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DT Infrastructure Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The copy of the Agreement filed with the application for approval did not contain a signature page in the terms required by s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009 (the Regulations). A copy of the Agreement with an amended signature page was later filed that met the requirements of the Act and Regulations. I consider it appropriate in the circumstances to allow the amendment of the application pursuant to s.586(a) of the Act.

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

1. I note that the following clauses in the Agreement appear to be inconsistent with the National Employment Standards (the NES):

·   Casual Conversion – Agreement clause 10.4 states that the regular systemic period required for casual conversion is at least 12 months. This is inconsistent with s. 66 of the Act where it states that the regular systemic period is for at least 6 months.

·   Notice of termination – Agreement clause 19.2 states “If an Employee fails to give the required notice or fails to work out the required notice period, the Employer may deduct from monies owing to the Employee upon termination, an amount equivalent to the wage the Employee would have earned for working the balance of the required notice period”. As the source from which monies may be deducted has not been specified, this clause appears to permit the employer to deduct monies owing to the employee under the NES.

·   Redundancy – Agreement clause 19.5 states “Where an Employee is offered suitable alternative employment as part of a transmission/transfer of business or redeployment process, and does not accept that offer of employment, the Employee will not be entitled to redundancy provisions”. This clause does not state that the employer must apply to the Commission for a variation and therefore appears inconsistent with s.120 of the Act.

·   Compassionate leave – The entitlement to compassionate leave provided by clause 18.3 of the Agreement does not appear to provide leave after the stillbirth of a child of the employee or a member of the employee’s immediate family or household as per s.105(1)(b) of the Act or after the employee or the employee’s spouse or de facto partner has a miscarriage as per s.105(1)(c) of the Act.

1. Noting clause 4(c) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Rail, Tram and Bus Industry Union (ARTBIU) 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 ARTBIU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act from 15 August 2025. The nominal expiry date of the Agreement is 15 August 2028.

COMMISSIONER

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