DECISION

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

Aurizon Operations Limited
(AG2015/3420)

AURIZON CONSTRUCTION AND MAINTENANCE ENTERPRISE AGREEMENT 2015

Rail industry
COMMISSIONER SPENCER	BRISBANE, 21 AUGUST 2015

Application for approval of the Aurizon Construction and Maintenance Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Aurizon Construction and Maintenance 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 model consultation term is taken to be an additional term of the Agreement and is attached to the Agreement.

[3] 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, 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.

[4] 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.

[5] 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, 28 August 2015. The nominal expiry date of the Agreement is 28 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aurizon Operations Limited was the subject of an application for approval of the Aurizon Construction and Maintenance Enterprise Agreement 2015, which was heard in the Fair Work Commission. The primary dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The application was brought by Aurizon Operations, seeking validation of the agreement which aimed to regulate the terms and conditions of employment for its construction and maintenance employees.

The central legal issues before the commission were whether the agreement was made in good faith and if it provided for the mandatory elements as required by the Fair Work Act. Additionally, the commission had to determine if the agreement had been made without coercion and if it appropriately facilitated the efficient and productive operation of the company. The commission also needed to consider whether the agreement ensured that employees were treated fairly and equitably.

The Fair Work Commission found that the Aurizon Construction and Maintenance Enterprise Agreement 2015 was made in good faith and did not involve any element of coercion. It was determined that the agreement was fair and met the statutory requirements under the Fair Work Act. The commission found that the agreement provided for all mandatory elements and allowed for the efficient and productive operation of Aurizon. The commission also concluded that the agreement ensured fair treatment of employees, with adequate protections and benefits.

The Fair Work Commission approved the Aurizon Construction and Maintenance Enterprise Agreement 2015, determining it met all necessary criteria under the Fair Work Act. This approval allows the agreement to be used to govern the employment terms and conditions for the relevant employees.

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