Australian Rail, Tram and Bus Industry Union (139V) v KDR Gold Coast Pty Ltd Trading AS KDR
Citation: [2026] FWC 3272
What happened
The Australian Rail, Tram and Bus Industry Union (the union) is disputing the interpretation of a clause in the KDR Gold Coast Pty Ltd Controller Enterprise Agreement 2024. KDR (KD) proposed introducing five 12-hour shifts for Operations Control Centre (OCC) staff, covering Fridays and Saturdays. The dispute centres on whether KD can implement these shifts without mutual agreement and whether a paid meal break is required. OCC staff currently work rotating 24-hour rosters, with supervisors on 12-hour shifts and other staff on 8-hour shifts.
What was decided
The Fair Work Commission has determined to arbitrate the dispute. The Commission formulated a question for arbitration regarding whether KD can roster shifts of 11.5 hours plus a 30-minute unpaid break without mutual agreement. The decision was made on the papers, with neither party requesting a hearing. The Commission considered emails exchanged between the parties attempting to resolve the dispute internally.
What it means for employers
Employers should carefully review enterprise agreements and ensure they understand the wording regarding shift lengths and break entitlements. Consultation with employees and unions is crucial before implementing significant changes to rostering arrangements, especially those impacting shift lengths and fatigue management. The agreement’s requirement for mutual agreement should be strictly adhered to.
What it means for employees
Employees should be aware of their rights under
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This summary was drafted 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