Rail Control Systems Australia Pty Ltd

[2025] FWCA 2170

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rail Control Systems Australia Pty Ltd

(AG2025/1978)

RAIL CONTROL SYSTEMS AUSTRALIA PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND CROSS RIVER RAIL PROJECT ENTERPRISE AGREEMENT 2025-2027

Electrical power industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 JULY 2025

Application for approval of the Rail Control Systems Australia Pty Ltd and CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027

Rail Control Systems Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Rail Control Systems Australia Pty Ltd and CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

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

The application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 2 July 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rail Control Systems Australia Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement, the Rail Control Systems Australia Pty Ltd and CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027. The application was opposed by the CEPU Electrical Division, who raised concerns about the fairness and compliance of the proposed agreement.

The central legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness, and whether it was in the best interests of the employees. The Commission had to assess if the agreement contained appropriate provisions for employee entitlements, working conditions, and dispute resolution mechanisms, and if the process leading to the agreement's creation was fair and transparent.

In delivering its decision, the Commission carefully considered the evidence and submissions from both parties. It found that the agreement was procedurally fair, as it was negotiated in good faith and with adequate consultation. The Commission concluded that the terms of the agreement were fair and balanced, providing reasonable protections and benefits to the employees. Consequently, the Commission approved the enterprise agreement, determining that it met the legal requirements and was in the best interests of the employees.

The Fair Work Commission approved the Rail Control Systems Australia Pty Ltd and CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027. This decision reflects the Commission's satisfaction that the agreement was negotiated fairly and contains appropriate provisions for the employees' entitlements and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established