Aurizon Operations Limited T/A Aurizon Summary

[2023] FWCA 612

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Aurizon Operations Limited T/A Aurizon

(AG2023/45)

Aurizon Coal Enterprise Agreement 2022

Rail industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 FEBRUARY 2023

Application for approval of the Aurizon Coal Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Aurizon Coal Enterprise Agreement 2022 (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 T/A Aurizon. 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 Rail Tram and Bus Union, Australian Federated Union of Locomotive Employees, Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied 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 the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 2023. The nominal expiry date of the Agreement is 3 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Aurizon Operations Limited, trading as Aurizon, filed an application seeking approval of the Aurizon Coal Enterprise Agreement 2022. The application was heard in the Fair Work Commission, which has jurisdiction over matters concerning workplace relations and enterprise agreements. The primary dispute centred on the terms and conditions outlined in the proposed agreement, with particular emphasis on whether the agreement complied with relevant legislative requirements and provided adequate protections for the workforce.

The legal issues before the Commission involved assessing the fairness and compliance of the proposed enterprise agreement with the Fair Work Act 2009. This required the Commission to consider whether the agreement met the criteria for approval under the Act, including whether it provided for the protection of employees' rights and interests, and whether it was free from any unfair or unreasonable content. Additionally, the Commission needed to determine whether the agreement had been genuinely negotiated between the employer and the relevant employee representatives.

In its decision, the Commission carefully examined the provisions of the agreement, the negotiation process, and the impact of the agreement on employees. The Commission found that the agreement was the product of genuine negotiations and provided adequate protections for employees, including provisions related to wages, working conditions, and dispute resolution mechanisms. The Commission concluded that the agreement was fair and met the legislative requirements for approval. Consequently, the Commission approved the Aurizon Coal Enterprise Agreement 2022, recognising its compliance with the relevant statutory provisions.

Aurizon Operations Limited T/A Aurizon

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established