Aurizon Bulk Central Pty Ltd T/A Aurizon

[2024] FWCA 3655

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Aurizon Bulk Central Pty Ltd T/A Aurizon

(AG2024/3630)

AURIZON BULK CENTRAL TERMINAL OPERATIONS ENTERPRISE AGREEMENT 2024

Rail industry
COMMISSIONER SLOAN	SYDNEY, 21 OCTOBER 2024

Application for approval of the Aurizon Bulk Central Terminal Operations Enterprise Agreement 2024

Aurizon Bulk Central Pty Limited (“the Employer”) has made an application for approval of an enterprise agreement known as the Aurizon Bulk Central Terminal Operations Enterprise Agreement 2024 (“Agreement”), pursuant to s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The Employer has provided a written undertaking (“Undertaking”). A copy of the Undertaking is attached in Annexure A. The Undertaking was provided to address a concern I raised with the Employer regarding cl 10.6 of the Agreement. That clause allows for monies to be withheld from an employee if they fail to give the required period of notice of termination of their employment. On its terms, the clause could have been interpreted as permitting deductions from an employee’s accrued leave entitlements. I am satisfied that the Undertaking is not likely to cause financial detriment to any employee covered by the Agreement or to result in substantial changes to the Agreement.
The Australian Rail, Tram and Bus Industry Union – South Australian and Northern Territory Branch (“RTBU”) was a bargaining representative for the Agreement. Its views in respect of the Undertaking were sought.
Pursuant to s 190(3) of the Act, I accept the Undertaking. The Undertaking is taken to be a term of the Agreement.
Having regard to the Undertaking, and on the basis of the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
The RTBU has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2) of the Act, I note that the Agreement covers the TWU.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 28 October 2024. The nominal expiry date of the Agreement is 21 October 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Aurizon Bulk Central Pty Ltd, trading as Aurizon, applied to the Fair Work Commission for the approval of the Aurizon Bulk Central Terminal Operations Enterprise Agreement 2024. The application was made under section 234 of the Fair Work Act 2009, which requires the Commission to approve an enterprise agreement if it is satisfied that the agreement is appropriate for the making of an enterprise agreement. The applicants sought to establish terms and conditions for employees engaged under the agreement. The application was contested by the Rail, Tram and Bus Industry Union, which argued that certain provisions of the agreement did not meet the requirements of the Fair Work Act.

The legal issues before the Commission centred on whether the agreement contained all the mandatory terms prescribed by the Fair Work Act and whether it provided for a direct or indirect industrial action ballot. Additionally, the Commission needed to determine whether the agreement provided for adequate dispute resolution processes and whether it complied with the procedural requirements set out in the Fair Work Act.

The Commission found that the agreement contained all the mandatory terms required by the Fair Work Act and that it included a provision for an indirect industrial action ballot, which was permissible under the Act. The agreement also provided for a comprehensive dispute resolution process, which was deemed adequate by the Commission. Furthermore, the Commission was satisfied that the application process complied with the procedural requirements of the Fair Work Act. Given these findings, the Commission approved the Aurizon Bulk Central Terminal Operations Enterprise Agreement 2024.

The final orders of the Commission were that the Aurizon Bulk Central Terminal Operations Enterprise Agreement 2024 be approved as a registered agreement under section 175 of the Fair Work Act 2009. This decision allows the agreement to come into effect and govern the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established