Application by Gemco Rail Pty Ltd
Citation: [2026] FWCA 2294
What happened
Gemco Rail Pty Ltd applied to the Fair Work Commission for approval of the Gemco Rail Pty Ltd Victorian Enterprise Agreement 2025. The agreement was made on 27 July 2026, but the application was lodged 16 days later, exceeding the 14-day limit under the Fair Work Act. Gemco Rail Pty Ltd provided undertakings to address concerns raised during the application process. The Australian Rail, Tram and Bus Industry Union (RTBU) indicated it wanted the agreement to cover it.
What was decided
The Fair Work Commission approved the Gemco Rail Pty Ltd Victorian Enterprise Agreement 2025. The Commission extended the application period to the date of lodgement, finding it fair under the circumstances. The Commission also noted the undertakings provided by Gemco Rail Pty Ltd, which will be treated as terms of the agreement. The agreement will operate for seven days after approval. The RTBU is covered by the agreement.
What it means for employers
Employers seeking to implement enterprise agreements must adhere to the 14-day application timeframe under the Fair Work Act. Late applications may be considered, but extensions are not automatic. Providing undertakings to address concerns can facilitate approval, but these undertakings become legally binding terms of the agreement.
What it means for employees
Employees covered by the Gemco Rail Pty Ltd Victorian Enterprise Agreement 2025 should be aware of the undertakings provided by the employer, as these are legally binding. The agreement incorporates a National Employment Standards precedence clause, meaning the NES applies unless the agreement provides a more favourable outcome.
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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