Aurizon Operations Limited T/A Aurizon

[2023] FWCA 881

[2023] FWCA 881

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Aurizon Operations Limited T/A Aurizon

(AG2023/350)

AURIZON STAFF ENTERPRISE AGREEMENT 2023

Rail industry
DEPUTY PRESIDENT EASTON	SYDNEY, 23 MARCH 2023

Application for approval of the Aurizon Staff Enterprise Agreement 2023.

1. Aurizon Operations Limited T/A Aurizon (the Employer) has made an application for the approval of the Aurizon Staff Enterprise Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a multi-enterprise agreement.

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

1. A concern was raised regarding shift work. Clause 21.2(c) of the Rail Industry Award 2020 for permanent night shift penalty for Staff Level 1 employees. The Rail Industry Award 2020 requires that each hour worked on permanent night shift be paid an allowance of $7.39. The Agreement provides a loading of 20% for all shift work between 6:00pm and 6:00am which would mean a loading of $4.83 per hour for shift work for Staff Level 1 employees, which is lower than the Award allowance.

1. The Employer submits that there are currently two employees classified at Staff Level 1. However neither work permanent night shift as defined under the Award and there are not likely to be any employees who work permanent night shift in the future who are classified Staff Level 1 under the Agreement. The Employer submits that it does not consider permanent night shift to be appropriate for an employee who is classified at Staff Level 1 and would consider them to be under-classified and re-classify them to a higher position.

1. The Employer also noted that some employees who are shiftworkers under the Agreement may be considered rail safety workers, and pursuant to the Rail Safety National Law (Queensland) Act 2017. The Employer says it is required to implement a fatigue management program for rail safety workers and it be inconsistent with its fatigue management program to roster these workers on permanent night shift. I am satisfied that this concern has been addressed.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Association of Professional Engineers, Scientists and Managers, Australia (APESMA), the Australian Municipal, Administrative, Clerical and Services Union (ASU), and the Australian Rail, Tram and Bus Industry Union (RTBU), were bargaining representatives for the Agreement and 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 AMWU, APESMA, ASU, and the RTBU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 March 2023. The nominal expiry date of the Agreement is 23 March 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE519558 PR760543>