Wabtec Control Systems Pty Ltd

[2025] FWCA 3493

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Wabtec Control Systems Pty Ltd

(AG2025/3460)

WABTEC CONTROL SYSTEMS WA, NSW, SA AND QLD ENTERPRISE AGREEMENT 2025

Rail industry
COMMISSIONER CRAWFORD	SYDNEY, 20 OCTOBER 2025

Application for approval of the Wabtec Control Systems WA, NSW, SA and Qld Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Wabtec Control Systems WA, NSW, SA and QLD Enterprise Agreement 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Wabtec Control Systems Pty Ltd. The Agreement is a single enterprise agreement.

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

Noting clause 4.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 20 October 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wabtec Control Systems Pty Ltd has applied to the Fair Work Commission for the approval of the Wabtec Control Systems WA, NSW, SA and Qld Enterprise Agreement 2025. The parties involved in the agreement are Wabtec, represented by its Australian entities, and the relevant unions. The dispute centres around whether the proposed enterprise agreement meets the legal standards set out in the Fair Work Act 2009. The Commission was tasked with determining if the agreement provides for fair and reasonable terms and conditions of employment, including rates of pay, hours of work, and other matters of workplace relations.

The legal issues before the Commission included whether the agreement provided for minimum terms as required by section 234 of the Fair Work Act. The Commission also needed to consider if the agreement met the ‘better off overall test’ under section 235, ensuring that the employees would not be worse off financially. Additionally, the Commission had to assess whether the agreement included proper provisions for the health and safety of employees, and if it complied with any relevant national employment standards.

In its decision, the Commission noted that the proposed agreement contained provisions that met the minimum terms requirements and passed the better off overall test. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for rates of pay, leave entitlements, and other workplace matters. The Commission also found that the agreement contained adequate health and safety provisions and complied with national employment standards. Based on these findings, the Commission approved the Wabtec Control Systems WA, NSW, SA and Qld Enterprise Agreement 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established