Aurizon Network Pty Ltd

[2019] FWCA 3479

[2019] FWCA 3479

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Aurizon Network Pty Ltd
(AG2019/433)

AURIZON INFRASTRUCTURE ENTERPRISE AGREEMENT 2019

Rail industry
DEPUTY PRESIDENT LAKE	BRISBANE, 20 MAY 2019

Application for approval of the Aurizon Infrastructure Enterprise Agreement 2019

[1] Aurizon Network Pty Ltd has applied for the approval of an enterprise agreement known as the Aurizon Infrastructure Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aurizon Network Pty Ltd (The Employer). It is a single enterprise agreement.

[2] The Agreement is proposed to cover and apply to Aurizon Operations Limited, Aurizon Network Pty Ltd and any employees of those companies working in a classification in the Agreement in Queensland; undertaking infrastructure maintenance, construction or renewal work; or undertaking electrical control work; or employed in a trade or Rail Infrastructure Worker position in Aurizon’s Rail Services Division.

[3] With the exception of Rail Infrastructure Inspectors, the Agreement does not cover any employee who is engaged in a position classified higher than Engineering Trades Level 3.4, Civil Infrastructure 3.5 / Rail Infrastructure Worker Level 4 where the company has determined that a trade qualification is not a mandatory requirement for this position.

[4] The copy of the Agreement filed with the Fair Work Commission (FWC) was unsigned contrary to regulation 2.06A(2) of the Fair Work Act Regulations 2009 (FW Regs).

[5] I am minded to exercise my discretion under s.586(a) of the Act to allow the Applicant to correct the Application by substituting the Agreement originally filed with the Application with a signed version of the Agreement.

[6] In taking this view I have considered the decision of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia & Anor v Sustaining Works Limited 1whereby the Full Bench of the FWC considered the power of the Commission to exercise its discretion under s.586(a) of the Act specifically in relation to allowing a correction of a non-signed or incorrectly signed agreement.

[7] Unlike in that decision the “signature issue” was put before the Commission prior to the approval of the Agreement. Therefore I have before me an application made in accordance with s.185 of the Act and am therefore capable of exercising my discretion under s.586(a) of the Act to allow a correction.

[8] This has been already undertaken by the Applicant.

[9] It follows that I am thus capable of approving the Agreement in accordance with s.186(1) of the Act.

[10] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers’ Union, the Australian Rail, Tram and Bus Industry Union of Employees, the Communications, Electrical, Electronic, Energy,
Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have 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 these organisations.

[11] The Employer has provided written undertakings which are annexed to the Agreement. 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.

[12] 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.

[13] The Agreement is approved and, in accordance s.54 of the Act, will operate from 27 May 2019. The nominal expiry date of the Agreement is 27 May 2023.

DEPUTY PRESIDENT

 1   [2015] FWCFB 4422.

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