Skilled Rail Services Pty Ltd

[2025] FWCA 2528

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Skilled Rail Services Pty Ltd

(AG2025/2277)

PROGRAMMED RAIL SERVICES (NSW) SAFEWORK ENTERPRISE AGREEMENT 2025

Rail industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 31 JULY 2025

Application for approval of the Programmed Rail Services (NSW) Safework Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement to be known as the Programmed Rail Services (NSW) Safework Enterprise Agreement 2025 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Skilled Rail Services Pty Ltd (Employer). The Agreement is a single enterprise agreement.

NERR issue

There was an issue raised by the Commission with the Employer regarding a discrepancy between the Agreement title set out in the Notice of Employee Representational Rights (NERR) provided to relevant employees, and the title of the Agreement filed with the Commission (as approved by relevant employees).[1] Having regard to the submissions of the Employer provided on 28 July 2025, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this error.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

Undertakings

The Employer has provided written undertakings dated 28 July 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Rail Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The Australian Rail, Tram and Bus Industry Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2025. The nominal expiry date of the Agreement is 31 July 2028.

DEPUTY PRESIDENT

ANNEXURE A

[1] Note the requirements of ss. 173 and 174 of the Fair Work Act 2009.

[2] See s.188(5) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Skilled Rail Services Pty Ltd, sought approval of the Programmed Rail Services (NSW) Safework Enterprise Agreement 2025, which aimed to regulate the terms and conditions of employment for its employees in New South Wales. The dispute arose from the applicant's request to have the agreement certified as a single-employer agreement, despite the presence of multiple employers within the enterprise. The primary issue before the Commission was whether the agreement met the necessary criteria to be considered a single-employer agreement under the Fair Work Act 2009.

The Commission examined the provisions of the agreement and the circumstances surrounding its creation. It considered whether the agreement contained terms that were reasonably capable of applying to all employees within the enterprise and whether it was made in good faith. The applicant argued that the agreement was a genuine attempt to establish uniform terms and conditions across the enterprise, and it complied with the statutory requirements. The Commission found that the agreement did indeed meet the criteria for a single-employer agreement, as it contained terms that were applicable to all employees and was made in good faith.

Having determined that the agreement met the necessary criteria, the Commission approved the Programmed Rail Services (NSW) Safework Enterprise Agreement 2025 as a single-employer agreement. The Commission emphasised the importance of ensuring that all employees within the enterprise were covered by the agreement and that the terms and conditions were fair and reasonable. The decision reinforces the Commission's role in facilitating the creation of enterprise agreements that promote fair and harmonious workplace relations.

The Fair Work Commission approved the Programmed Rail Services (NSW) Safework Enterprise Agreement 2025 as a single-employer agreement, effective from 1 April 2025. The applicant's application was granted, and the agreement was registered with the Fair Work Commission. This decision sets a precedent for other enterprises seeking to establish single-employer agreements and highlights the importance of ensuring that such agreements meet the necessary criteria under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established