[1] Prime Rail Solutions Australia Pty Ltd has applied for approval of an enterprise agreement known as the Prime Rail and RTBU Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009. The Agreement is a greenfields agreement.

[2] The agreement meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met.

[3] In accordance with s 187(5)(a) of the Act, I am satisfied that the Australian Rail, Tram and Bus Industry Union (RTBU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

• Clause 2.9 - regarding casual conversion

• Clause 15.6(e) - regarding personal leave notice

[5] I note clause 1.4.1 of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the RTBU and that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2025. The nominal expiry date of the Agreement is 16 December 2028.

[8] The Agreement title provided in Clause 1.1 of the agreement is Prime Rail and RTBU Enterprise Agreement 2024, whereas the Agreement title is Prime Rail and RTBU Enterprise Agreement 2025. In correspondence, I advised the parties that I would amend the relevant clause of the Agreement. The RTBU confirmed that the latter is the correct Agreement title.

[9] I amend the relevant clause of the Agreement pursuant to s.218A of the Act as I consider it to be an 'obvious error'.

[10] I order, pursuant to s.218A of the Act, that the Agreement be varied to correct an obvious error as follows:

1. The year 2024 in Clause 1.1 is replaced with the year 2025.

2. The variation will operate from 16 December 2025.

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