Aurizon Bulk Central Pty Ltd T/A Aurizon
[2024] FWCA 3397
•1 OCTOBER 2024
| [2024] FWCA 3397 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Aurizon Bulk Central Pty Ltd T/A Aurizon
(AG2024/3154)
| Rail industry | |
| COMMISSIONER THORNTON | ADELAIDE, 1 OCTOBER 2024 |
Application for approval of the Aurizon Bulk Central Infrastructure Maintenance Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Aurizon Bulk Central Infrastructure Maintenance Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aurizon Bulk Central Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
I am satisfied that each requirement of ss186, 187, 188 and 190 of the Act being relevant to this application for approval have been met.
The Applicant has provided written undertakings. 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.
Clause 10.6 that refers to withholding monies in the event of insufficient notice on termination of employment and clause 24 addressing compassionate leave may not comply with the National Employment Standards (NES). Noting clause 4.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Rail, Tram and Bus Industry Union (ARTBIU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ARTBIU.
The Agreement is approved and will operate in accordance with s.54 of the Act from 8 October 2024. The nominal expiry date of the Agreement is 1 October 2028.
COMMISSIONER
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