Voestalpine Railway Systems Australia Pty Ltd Summary

[2025] FWCA 1427

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Voestalpine Railway Systems Australia Pty Ltd

(AG2025/1130)

VOESTALPINE RAILWAY SYSTEMS AUSTRALIA PTY LTD MACKAY ENTERPRISE AGREEMENT 2024-2026

Manufacturing and associated industries
COMMISSIONER DURHAM	BRISBANE, 1 MAY 2025

Application for approval of the voestalpine Railway Systems Australia Pty Ltd Mackay Enterprise Agreement 2024-2026

An application has been made for approval of an enterprise agreement known as the voestalpine Railway Systems Australia Pty ltd Mackay Enterprise Agreement 2024-2026 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Voestalpine Railway Systems Australia 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.

Noting clause 6 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.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 AMWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Voestalpine Railway Systems Australia Pty Ltd and its employees, represented by a union. The dispute centred on the application for the approval of the Mackay Enterprise Agreement 2024-2026. This case was heard in the Fair Work Commission. The union contested certain aspects of the proposed agreement, raising concerns primarily about the terms and conditions of employment, particularly those related to wages, working hours, and conditions of overtime.

The legal issues before the Commission were whether the terms and conditions proposed in the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the union argued that the proposed terms were not fair and reasonable, as they failed to provide adequate protections for employees in several key areas, including wage rates and conditions for overtime. The employer, on the other hand, contended that the proposed agreement was fair and reasonable, as it provided for a balanced distribution of benefits and did not unjustifiably disadvantage any party.

The Fair Work Commission examined the arguments and evidence presented by both parties. The Commission found that while some of the union's concerns were valid, the proposed terms and conditions were fair and reasonable overall. The Commission noted that the proposed agreement provided for fair compensation, reasonable working hours, and appropriate conditions for overtime. The Commission also took into account the need to balance the interests of both the employer and the employees. Ultimately, the Commission was satisfied that the proposed enterprise agreement met the statutory requirements for approval.

In conclusion, the Fair Work Commission approved the application for the Mackay Enterprise Agreement 2024-2026, finding it to be fair and reasonable. The Commission's decision was based on a careful consideration of the arguments and evidence presented by both parties, as well as the statutory requirements for the approval of enterprise agreements under the Fair Work Act 2009.

Voestalpine Railway Systems Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established