Aurizon Bulk Central Pty Ltd T/A Aurizon Summary

[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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ANNEXURE A

CaseChat Overview and Summary

Aurizon Bulk Central Pty Ltd, trading as Aurizon, sought approval for its enterprise agreement from the Fair Work Commission under section 185 of the Fair Work Act 2009. The enterprise agreement in question was the Aurizon Bulk Central Infrastructure Maintenance Enterprise Agreement 2024. The application was made to ensure the agreement met the statutory requirements necessary for its approval and enforcement as a lawful agreement under the Act. The legal issues that the Commission had to decide included whether the agreement fulfilled the requirements of sections 186, 187, 188, and 190 of the Act, whether the undertakings provided by Aurizon would cause financial detriment to employees, and whether there were any inconsistencies with the National Employment Standards.

The Commission found that all statutory requirements for the approval of the agreement had been met. The written undertakings provided by Aurizon were deemed sufficient to ensure they would not cause financial detriment to employees nor result in substantial changes to the agreement. The Commission also noted that certain clauses of the agreement, specifically those related to withholding monies for insufficient notice on termination of employment and compassionate leave, might not comply with the NES. However, the Commission was satisfied that clause 4.2 of the agreement ensured that the more beneficial entitlements of the NES would prevail in case of inconsistency. Additionally, the Australian Rail, Tram and Bus Industry Union lodged a statutory declaration indicating its desire for the agreement to cover its members, which the Commission duly noted. Consequently, the agreement was approved to operate from 8 October 2024, with a nominal expiry date of 1 October 2028.

Aurizon Bulk Central Pty Ltd T/A Aurizon

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established