Aurizon Bulk Central Pty Ltd T/A Aurizon
[2024] FWCA 3655
•21 OCTOBER 2024
| [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
<AE526449 PR780437>
Annexure A
0
0
0