Queensland Rail Transit Authority Trading AS Queensland Rail v Australian Rail, Tram and Bus Industry Union, Australian Municipal, Administrative, Clerical and Services Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union, and Construction, Forestry and Maritime Employees Union [2026] FWC 1214 (9 April 2026)

[2026] FWC 1214

Fair Work Act 2009

s.240 - Bargaining dispute

Queensland Rail Transit Authority Trading AS Queensland Rail

Australian Rail, Tram and Bus Industry Union, Australian Municipal, Administrative, Clerical and Services Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union, and Construction, Forestry and Maritime Employees Union

Section 240 Bargaining dispute - statement

[1] On 2 April 2026, and over the Easter long weekend, I conducted two urgent hearings in relation to current bargaining for six replacement agreements for the Queensland Rail Transit Authority Trading as Queensland Rail. Following my decision dismissing Queensland Rail's s.424 application, I requested the attendance of all the bargaining representatives for the agreements, and the Queensland Government, at a s.240 conference over 8 and 9 April 2026.

[2] On 8 and 9 April 2026, I convened a conference with the parties and sought to gain agreement on a process of negotiation going forward. Representatives from the Queensland Government also attended, including from the Department of Transport and Main Roads, the Treasury and the Office of Industrial Relations. I am encouraged by the attendance by the Queensland Government at the bargaining conference and I hope all parties continue to take the bargaining seriously. I note most parties have indicated a desire to limit impact on the passenger rail network.

[3] During the conference, I stressed my view that Queensland Rail should table complete draft agreements for all 6 replacement agreements. I stressed that those draft agreements must contain improvements on the last offers provided to the unions. In support of that goal, the RTBU, the TSU, APESMA, the CFMEU and the PPTEU have indicated a commitment to a moratorium on protected industrial action until 27 April 2026 in order to allow Queensland Rail to focus on producing the draft agreements, with improvements. The AMWU indicated it was not willing to make this commitment. The CFMEU indicated that if its members were stood down or had their overtime entitlements reduced as a result of the ETU protected industrial action, then they may withdraw their commitment.

[4] Given our current uncertain times, it is important for the parties to commit to narrowing the issues in dispute as soon as possible. I commend the RTBU, TSU, APESMA, CFMEU and PPTEU, and particularly the RTBU, as representative of the largest cohort of employees who will be covered by the proposed agreements, for their commitment to this approach. The RTBU has committed to providing a list of their key claims to Queensland Rail by close of business, 10 April 2026 to assist in the process of drafting the agreements.

[5] The ETU indicated that their key claim that they wished to pursue was to have a standalone electrical agreement, a claim which they say arose out of a Heads of Agreement in previous bargaining. This is a matter for the ETU to pursue with Queensland Rail and the Government and will not form part of the present discussions. As such, the ETU will continue to press for that claim through industrial action.

[6] The process that has been adopted is as follows. I have set aside 27 April 2026 for a further conference to allow Queensland Rail to present their draft agreements and answer questions. Following which the parties will meet again on 7 May 2026 to allow the unions to present their response to the draft agreements and answer questions.

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