Aurizon Bulk Central Pty Ltd

[2023] FWCA 1258

[2023] FWCA 1258

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Aurizon Bulk Central Pty Ltd

(AG2023/1052)

AURIZON BULK CENTRAL PTY LTD (SA/NT) ROLLINGSTOCK MAINTENANCE ENTERPRISE AGREEMENT 2023

Rail industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 4 MAY 2023

Application for approval of the Aurizon Bulk Central Pty Ltd (SA/NT) Rollingstock Maintenance Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Aurizon Bulk Central Pty Ltd (SA/NT) Rollingstock Maintenance Enterprise Agreement 2023 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Aurizon Bulk Central Pty Ltd (Employer). The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

1. Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

1. Clause 32.2 of the Agreement provides for compassionate leave on each occasion (permissible occasion) when a member of the employee's immediate family or household contracts or develops a personal illness that poses a serious threat to his or her life or sustains a personal injury that poses a serious threat to his or her life or dies. However, s 104(1)(b) of the Act also provides for compassionate leave when a child is stillborn where the child would have been a member of the employee’s immediate family, or a member of the employee’s household, if the child had been born alive; and s 104(1)(c) of the Act provides compassionate leave where the employee, or the employee’s spouse or de facto partner, has a miscarriage. I observe that clause 32.2 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 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.

1. The 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 the Australian Rail, Tram and Bus Industry Union, being bargaining representatives for the Agreement, have each given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) I note that the Agreement covers the organisations.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 11 May 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE519905  PR761584>

Annexure A