CUBIC TRANSPORTATION SYSTEMS (AUSTRALIA), NSW SERVICES ENTERPRISE AGREEMENT 2025

Application for approval of the Cubic Transportation Systems (Australia), NSW Services Enterprise Agreement 2025

[1] An application has been made by Cubic Transportation Systems (Australia) Pty Ltd (Applicant) for approval of an enterprise agreement known as the Cubic Transportation Systems (Australia), NSW Services Enterprise Agreement 2025 (Agreement). The Application is made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement. The Commission must approve the agreement if the requirements in ss. 186 and 187 of the Act are met.

[2] Concerns were raised that some of the terms of the Agreement may oust NES conditions. The clauses raised were clauses 12.4 and 20.4. In response the Applicant clarified that to the extent of inconsistency the NES Precedence clause at Clause 10 of the Agreement will apply to ensure that the NES conditions are not excluded.

[3] Sections 186(2)(d) requires the Commission to be satisfied the agreement passes the better off overall test (BOOT). The test is found in s.193 of the Act and it is to be applied in accordance with s. 193A.

[4] Issues were raised with the Applicant as to whether the Agreement passed the BOOT. In response, the Applicant has provided undertakings.

[5] A copy of the undertakings is attached (Annexure A). In accordance with s. 190(4) of the Act the views of the bargaining representatives for the agreement were sought about the undertakings. No objection was raised. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

[6] Having regard to the undertakings and the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186 and 187 are met.

[7] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Australian Municipal, Administrative, Clerical and Services Union (ASU) were bargaining representatives for the Agreement and have given notice under s. 183 of the Act that they want the Agreement to cover them. In accordance with s. 201(2) of the Act, I note the Agreement covers the CEPU and ASU.

[8] The Agreement was approved on 12 February 2026 and will operate from 19 February 2026 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 July 2028.

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