Application by Category 5 Labour Management (Vsa) Pty Ltd Trading AS Cat5 Rail
Citation: [2026] FWCA 1849
What happened
Category 5 Labour Management (Vsa) Pty Ltd, trading as Cat5 Rail, sought approval for the Category 5 & RTBU Enterprise Agreement 2026. The agreement was made with the Australian Rail, Tram and Bus Industry Union. Certain clauses relating to carer’s leave and public holidays were identified as potentially inconsistent with the National Employment Standards.
What was decided
The Fair Work Commission approved the Category 5 & RTBU Enterprise Agreement 2026. The agreement will operate from July 22, 2026, and expire on July 22, 2029. The Commission noted that where inconsistencies exist between the agreement and the National Employment Standards, the more beneficial entitlements of the latter will apply. The union’s desire for coverage under the agreement was also acknowledged.
What it means for employers
Employers should review enterprise agreements to ensure they align with the National Employment Standards. Any inconsistencies must be addressed so that the more beneficial provisions prevail. Careful consideration is needed when choosing which employees an agreement covers.
What it means for employees
Employees covered by this agreement will benefit from its terms, but should remember that if any clause offers less than their entitlements under the National Employment Standards, they are still entitled to the latter.
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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 →