Application by DT Infrastructure Pty Ltd
Citation: [2026] FWCA 1759
What happened
DT Infrastructure Pty Ltd applied to the Fair Work Commission for approval of its Victorian Rail Enterprise Agreement 2025-2028. The agreement covers a single enterprise and some clauses were inconsistent with the National Employment Standards (NES). The Australian Rail, Tram and Bus Industry Union is a bargaining representative for the agreement. An error was identified in clause 8.6.2(b) regarding overtime rates.
What was decided
The Fair Work Commission approved the DT Infrastructure Pty Ltd Victorian Rail Enterprise Agreement 2025-2028, effective from July 15, 2026, and expiring October 31, 2028. The NES precedence clause ensures that more beneficial entitlements under the NES will prevail. An identified error in clause 8.6.2(b) concerning overtime rates was rectified as a variation to the agreement, with no objections received from bargaining representatives.
What it means for employers
Employers should ensure enterprise agreements align with the National Employment Standards and carefully review all clauses for accuracy before submission. Any errors identified should be corrected promptly and with consultation of relevant parties.
What it means for employees
Employees covered by this agreement will benefit from the approved terms, including those aligned with the National Employment Standards. The correction to clause 8.6.2(b) ensures overtime is paid at double time.
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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 →