Aurizon Network Pty Ltd T/A Aurizon Network Pty Ltd

[2023] FWCA 2357

[2023] FWCA 2357

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a multi-enterprise agreement

Aurizon Network Pty Ltd T/A Aurizon Network Pty Ltd

(AG2023/2358)

AURIZON INFRASTRUCTURE ENTERPRISE AGREEMENT 2023

Rail industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 28 JULY 2023

Application for approval of the Aurizon Infrastructure Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Aurizon Infrastructure Enterprise Agreement 2023 (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 Applicant).

1. The agreement covers and applies to two employer entities, Aurizon Network Pty Ltd and Aurizon Operations Limited. Having received submissions from those entities, I am satisfied that they are related bodies corporate as defined in the Corporations Act 2001 (Cth) and therefore “related employers” within the meaning of s. 172(5A) of the Act. The proposed agreement is therefore a single enterprise agreement as described in s.172(2) of the Act. The Form F16 Application describes the agreement as a multi-enterprise agreement. This is an error. I consider it is appropriate to allow for the correction of that error and exercise the power under s.586(a) of the Act to correct the error in the application.

1. I am satisfied that each of the requirements of ss186, 187 and 188 as is relevant to this application for approval has been met.

1. I note that Clause 4.2 of the Agreement provides that this agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between this Agreement and the NES, and the NES provides a greater benefit, the NES provision will apply to the extent of the inconsistency.

1. The Australian Rail, Tram and Bus Industry Union, Queensland Branch (ARTBIU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) each lodged a Form F18 statutory declaration giving notice under s.183 of the Act that they want the Agreement to cover their respective organisations. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU and the ARTBIU.

1. The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 28 July 2027.

DEPUTY PRESIDENT

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