Voestalpine Railway Systems Australia Pty Ltd Summary

[2025] FWCA 1545

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Voestalpine Railway Systems Australia Pty Ltd

(AG2025/1110)

VOESTALPINE RAILWAY SYSTEMS AUSTRALIA PTY LTD BATHURST WORKSHOP ENTERPRISE AGREEMENT 2024-2026

Manufacturing and associated industries
COMMISSIONER P RYAN	SYDNEY, 8 MAY 2025

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

Voestalpine Railway Systems Australia Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Voestalpine Railway Systems Australia Pty Ltd Bathurst Workshop Enterprise Agreement 2024-2026 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Sections 186, 187, 188 and 190

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.[1]

National Employment Standards

I observe that clauses 14.3(a) and 31.2 of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 6.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Section 183 Bargaining Representatives

The Australian Rail, Tram and Bus Industry Union (ARTBIU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.

In accordance with s.201(2), I note that the Agreement covers the ARTBIU and the AMWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 15 May 2025. The nominal expiry date of the Agreement is 30 September 2026.

COMMISSIONER

Annexure A

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Voestalpine Railway Systems Australia Pty Ltd, the employer, applied to the Fair Work Commission for approval of an enterprise agreement. This agreement, known as the Bathurst Workshop Enterprise Agreement 2024-2026, was to govern the employment terms and conditions of its employees. The application arose from negotiations between the employer and the union, which aimed to formalise a collective agreement that would supersede individual employment contracts. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary requirements for approval.

The legal issues central to the application revolved around whether the proposed agreement complied with the provisions of the Fair Work Act 2009. Specifically, the Commission needed to verify that the agreement covered a protected industrial activity, was made in good faith, did not discriminate against any group, and did not contravene any other provisions of the Act. Additionally, the Commission had to consider whether the agreement provided for appropriate minimum wages and conditions, and whether it had been appropriately negotiated.

In delivering its decision, the Commission considered the submissions from both parties and examined the terms of the proposed agreement. It found that the agreement addressed the necessary protected industrial activity and was made in good faith. The Commission also determined that the agreement did not discriminate against any group and did not contravene any provisions of the Act. Furthermore, it was satisfied that the agreement provided for the appropriate minimum wages and conditions and had been negotiated in a manner consistent with the principles of good faith bargaining. Given these findings, the Commission approved the Bathurst Workshop Enterprise Agreement 2024-2026.

The final orders of the Commission were to approve the Bathurst Workshop Enterprise Agreement 2024-2026, effective from the date of the decision. This approval meant that the agreement would govern the employment terms and conditions of the employees at the Bathurst Workshop for the specified period, ensuring a legally binding framework for the relationship between the employer and its workforce.

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