Application by Taylor Rail Australia Pty Ltd
Citation: [2026] FWCA 1824
What happened
Taylor Rail Australia Pty Ltd applied to the Fair Work Commission for approval of the Taylor Rail Australia New South Wales Enterprise Agreement 2025. Concerns were raised that some clauses might exclude National Employment Standards (NES) conditions. The Australian Rail, Tram and Bus Industry Union (RTBU) was a bargaining representative for the agreement.
What was decided
The Fair Work Commission approved the enterprise agreement. the Applicant provided undertakings to address concerns about excluding NES conditions and passing the ‘better off overall test’ (BOOT). No objections were raised to these undertakings. The agreement covers the RTBU and will operate from July 21, 2026, expiring on July 12, 2029.
What it means for employers
Employers should carefully review enterprise agreements to ensure they do not exclude National Employment Standards (NES) conditions. They must also satisfy the ‘better off overall test’ (BOOT), potentially requiring undertakings to address concerns raised by bargaining representatives.
What it means for employees
Employees covered by the Taylor Rail Australia New South Wales Enterprise Agreement 2025 will benefit from the terms outlined in the agreement, which is subject to NES precedence as clarified by the Fair Work Commission. The RTBU is covered by this agreement.
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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 →