Application by Railtrain Pty Ltd
Citation: [2026] FWCA 1658
What happened
Railtrain Pty Ltd applied to terminate the Railtrain Pty Ltd WA Below 26th Parallel (South) Enterprise Agreement 2017, which expired on May 16, 2021. The company stated that the agreement currently covers no 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 enterprise agreement. Deputy President O’Keeffe found that the company met the requirements for termination because the agreement does not, and is unlikely to, cover any employees. The agreement will be terminated effective June 26, 2026.
What it means for employers
Employers with expired enterprise agreements should review their obligations and consider whether an application for termination is appropriate, particularly if no employees are covered by the agreement. Ensure accurate declarations are provided to the FWC regarding employee coverage.
What it means for employees
This decision affects any potential future employees who might have been covered by this agreement. Employees should be aware of the process for terminating enterprise agreements and their right to provide input.
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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