[2025] FWCFB 117
Citation: [2025] FWCFB 117
What happened
Sydney Trains and NSW Trains have been bargaining with multiple unions, including the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (ETU) and the Australian Rail, Tram and Bus Industry Union (RTBU), to replace the Sydney Trains and NSW TrainLink Enterprise Agreement 2022. Bargaining began in May 2024. A disagreement arose regarding a clause related to maintenance and engineering employees potentially moving to a higher pay section. The ETU refused to agree to a request for employees to vote on the proposed agreement. The Full Bench of the Fair Work Commission made a recommendation to resolve the dispute, which the ETU initially accepted with amendments, but ultimately did not agree to the voting request.
What was decided
The Fair Work Commission dismissed the ETU’s application for bargaining orders. However, it made a voting request order, allowing Sydney Trains and NSW Trains to request employee approval of the proposed multi-enterprise agreement. The Commission found the ETU’s refusal to agree to the voting request was not unreasonable in the circumstances. The decision highlights the complexities of bargaining with multiple unions and the importance of good faith negotiations.
What it means for employers
Employers engaging in enterprise bargaining should be aware of the potential for disagreements with individual unions, even within a larger group. It's crucial to maintain open communication and attempt to address concerns raised by all bargaining representatives. Seeking recommendations from the Fair Work Commission can be helpful in resolving deadlocks, but ultimately, agreement from all parties is necessary for a successful outcome.
What it means for employees
Employees should be aware that bargaining processes can be complex and lengthy. Unions may have differing views on proposed agreements, and disagreements can arise. The Fair Work Commission can intervene to facilitate negotiations and make orders to ensure good faith bargaining.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwcfb117.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →