Application by John Holland Pty Ltd
Citation: [2026] FWCA 2315
What happened
the Applicant applied to the Fair Work Commission for approval of the John Holland Pty Ltd WA Rail Agreement 2025. The agreement is a single enterprise agreement covering employees in the rail industry. The Australian Rail, Tram and Bus Industry Union (RTBU) indicated they wished the agreement to cover them. The Commission considered whether the agreement met the requirements of the Fair Work Act 2009.
What was decided
The Fair Work Commission approved the John Holland Pty Ltd WA Rail Agreement 2025. However, a clause regarding delegates’ rights was deemed less favourable than the modern award and will not have effect. The Commission accepted written undertakings from the Applicant, ensuring no financial detriment to employees and no substantial changes to the agreement. The agreement will operate from 1 September 2025 and expire on 24 August 2028. The RTBU is covered by the agreement.
What it means for employers
Employers should ensure enterprise agreements contain delegate rights terms that are at least as favourable as the relevant modern award. They must also consider the potential impact of agreement clauses on employee entitlements, particularly concerning public holidays and compassionate leave, and ensure compliance with the National Employment Standards.
What it means for employees
Employees covered by the John Holland Pty Ltd WA Rail Agreement 2025 should be aware that a clause regarding delegates’ rights will be superseded by the modern award. They should also note that the National Employment Standards will prevail where there is an inconsistency between the agreement and the NES.
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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