Aurizon Operations Limited
[2024] FWCA 926
•15 MARCH 2024
| [2024] FWCA 926 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Aurizon Operations Limited
(AG2024/491)
AURIZON BULK (QUEENSLAND) ENTERPRISE AGREEMENT 2024
| Rail industry | |
| DEPUTY PRESIDENT O’NEILL | MELBOURNE, 15 MARCH 2024 |
Application for approval of the Aurizon Bulk (Queensland) Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Aurizon Bulk (Queensland) 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 Operations Limited. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.
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.
The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Rail, Tram and Bus Industry Union (ARTBIU) and the Australian Federated Union of Locomotive Employees (AFULE), being the 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 the organisations. The AMWU and AFULE support approval of the Agreement.
I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):
· Clause 22 - Compassionate Leave.
However, noting clause 4.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 March 2024. The nominal expiry date of the Agreement is 22 March 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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