Application by Railtrain Pty Ltd
Citation: [2026] FWCA 1653
What happened
Railtrain Pty Ltd applied to terminate the Railtrain Enterprise Agreement 2013, which expired on September 3, 2017. The company stated that the agreement no longer covers any employees and has no intention of engaging any in the future. There are also no employee organisations covered by the agreement. the Applicant provided a statutory declaration confirming this.
What was decided
The Fair Work Commission (FWC) agreed to terminate the Railtrain Enterprise Agreement 2013. The decision was based on the company's declaration that the agreement does not and is unlikely to cover any employees. The termination is effective from June 26, 2026.
What it means for employers
Employers with expired enterprise agreements should review their status and consider whether termination is appropriate, particularly if they no longer have covered employees. They must provide accurate information to the FWC regarding employee coverage.
What it means for employees
Employees previously covered by the Railtrain Enterprise Agreement 2013 are not currently affected as there are no employees covered under the agreement. However, this decision highlights the importance of understanding enterprise agreements and their expiry dates.
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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 →