Application by Railtrain Pty Ltd
Citation: [2026] FWCA 1656
What happened
Railtrain Pty Ltd applied to terminate the Rail Construction Pilbara Enterprise Agreement 2016, which expired on January 29, 2020. The company stated it no longer covers any employees and has no plans to engage any in the future. There are also no employee organisations covered by the agreement. The application was made under section 225 of the Fair Work Act.
What was decided
The Fair Work Commission (FWC) agreed to terminate the Rail Construction Pilbara Enterprise Agreement 2016, effective June 26, 2026. Deputy President O’Keeffe was satisfied that the agreement did not cover any employees and met all requirements for termination under the Fair Work Act. The FWC considered a declaration from Railtrain Pty Ltd's Executive General Manager of Corporate Services.
What it means for employers
Employers with expired enterprise agreements should review their status and consider whether to apply for termination if the agreement no longer covers any employees. This process requires providing declarations confirming this, as demonstrated by Railtrain Pty Ltd’s application.
What it means for employees
This decision affects employees who were previously covered by the Rail Construction Pilbara Enterprise Agreement 2016. While the agreement is being terminated, existing entitlements are not explicitly addressed in this decision.
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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 →