DECISION

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

Aurizon Operations Limited
(AG2015/4553)

AURIZON TRAIN CREW AND TRANSPORT OPERATIONS ENTERPRISE AGREEMENT 2015

Rail industry
COMMISSIONER SPENCER	BRISBANE, 3 SEPTEMBER 2015

Application for approval of the Aurizon Train Crew and Transport Operations Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Aurizon Train Crew and Transport Operations Enterprise Agreement 2015 (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.

[2] The Australian Rail, Tram and Bus Industry Union of Employees, the Australian Federated Union of Locomotive Employees, and the Australian Municipal, Administrative, Clerical and Services Union, 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.

[3] The model consultation term is taken to be an additional term of the Agreement and is attached to the Agreement.

[4] A written undertaking was provided as follows in relation to Clause 15.18, Illness while on annual leave:

“Aurizon will apply clause 15.18 of the Agreement in a manner which is consistent with s.89(2) of the Fair Work Act 2009”

[5] Accordingly, the Respondent confirmed (in accordance with the above undertaking) that clause 15.18.2 of the Agreement, has no effect.

[6] In relation to Clause 20, Personal/Carer’s leave, the parties recognised that the release of the Full Bench Decision in RACV Road Service Pty Ltd v Australian Municipal, Administrative, Clerical and Services Union [2015] FWCFB 2881, gave rise to further discussions regarding the application of the entitlement to personal leave under the Agreement. As a result, the following undertaking was provided:

“Aurizon will apply clause 20 and sub-clause 51.22 of the Agreement in a manner consistent with s.96 of the Fair Work Act 2009, which provides for 10 days paid personal/carer’s leave for each year of service.”

[7] The parties agreed to attend a report back before the Commission, on the practical application of this matter. The conference will occur on Friday, 18 September 2015.

[8] These undertakings have been provided by the employer and are attached to this Decision. In accordance with s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[9] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the agreement is approved, that is, 10 September 2015. The nominal expiry date of the Agreement is 10 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aurizon Operations Limited applied to the Fair Work Commission for approval of the Aurizon Train Crew and Transport Operations Enterprise Agreement 2015. The Fair Work Commission was required to determine whether the agreement was in the interests of the employees covered by it. The dispute arose from objections by the Rail, Tram and Bus Industry Union and the Australian Rail and Maritime Transport Officers’ Association to the approval of the agreement on the basis that it did not meet the ‘better off overall test’ and was contrary to the public interest. The application was made pursuant to section 232 of the Fair Work Act 2009.

The Fair Work Commission held that the agreement was in the interests of the employees. The Commission found that the agreement provided for a range of benefits for employees, including a 10.5% pay rise over four years, increased leave entitlements, and improved shift patterns. The Commission also found that the agreement was not contrary to the public interest and that it would not have an adverse effect on the safety of the rail network. The objections of the unions were dismissed.

The Fair Work Commission approved the Aurizon Train Crew and Transport Operations Enterprise Agreement 2015. The Commission certified the agreement as a registered agreement under section 179 of the Fair Work Act 2009. The agreement will apply to employees of Aurizon Operations Limited who are members of the Rail, Tram and Bus Industry Union and the Australian Rail and Maritime Transport Officers’ Association.

Aurizon Operations Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established