Application by Railtrain Pty Ltd
Citation: [2026] FWCA 1657
What happened
Railtrain Pty Ltd applied to terminate the Rail/Civil Maintenance & Operations Pilbara Enterprise Agreement 2012, which expired on May 29, 2016. 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.
What was decided
The Fair Work Commission (FWC) agreed to terminate the Railtrain Pty Ltd Rail/Civil Maintenance & Operations Pilbara Enterprise Agreement 2012. The decision was based on the company's declaration that the agreement does not and is unlikely to cover any employees, fulfilling the requirements of section 226 of the Fair Work Act. Termination is effective from June 26, 2026.
What it means for employers
Employers seeking to terminate expired enterprise agreements should ensure they can demonstrate the agreement no longer covers any employees or poses a threat to business viability. A statutory declaration confirming this is crucial for a successful application.
What it means for employees
Employees covered by expired enterprise agreements should be aware of the process for termination and consider their views when such applications are made, although in this case there were no employees covered.
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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 →