Application for approval of the HV Rail Terminal (Qld) Enterprise Agreement 2026

[1] This decision deals with an application made for approval of an enterprise agreement known as the HV Rail Terminal (Qld) Enterprise Agreement 2026 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by HV Rail Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Agreement does not contain a delegates' rights term that is no less favourable than the modern award, pursuant to s.205A, and on that basis the term in the relevant modern award will apply and the delegates' rights term in the Agreement at clause 35 will have no effect.

[3] The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the undertakings.

[5] Pursuant to s.190(3) of the Act, I accept the undertakings.

[6] Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss.186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

[7] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 5 - Definition of Household Member

• Clause 10.5 - Notice of Termination -Withholding monies

• Clause 18 - Long Service Leave

• Clause 23 - Compassionate Leave

• Clause 24.1.2 - Jury Service Leave

However, noting clause 2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[8] The Australian Rail, Tram and Bus Industry Union (ARTBU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ARTBU.

[9] The Agreement is approved and will operate in accordance with s.54 of the Act from 30 March 2026. The nominal expiry date of the Agreement is 22 March 2029.

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer