DECISION

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

Aurizon Operations Limited T/A Aurizon
(AG2019/5111)

AURIZON BULK (QUEENSLAND) ENTERPRISE AGREEMENT 2019.

Rail industry
COMMISSIONER SPENCER	BRISBANE, 17 JANUARY 2020

Application for approval of the Aurizon Bulk (Queensland) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Aurizon Bulk (Queensland) Enterprise Agreement 2019 (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 Applicant). The Agreement is a multi-enterprise Agreement.

[2] 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.

[3] The Australian Rail, Tram and Bus Industry Union, Australian Federated Union of Locomotive Employees and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2020. The nominal expiry date of the Agreement is 24 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aurizon Operations Limited, trading as Aurizon, sought approval for the Aurizon Bulk (Queensland) Enterprise Agreement 2019, which was the subject of a dispute between Aurizon and its employees. The application was heard by the Fair Work Commission (FWC), an independent statutory tribunal in Australia, tasked with resolving workplace disputes and ensuring fair pay and conditions for employees.

The central legal issues before the FWC involved determining whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. This included assessing if the agreement contained the necessary minimum terms and conditions, whether it was made in good faith and without coercion, and if it provided fair and reasonable terms for the employees. The FWC also had to consider if the agreement was likely to promote workplace harmony and productivity.

After thorough consideration of the evidence and submissions, the FWC found that the Aurizon Bulk (Queensland) Enterprise Agreement 2019 complied with the statutory requirements for approval. The FWC determined that the agreement contained all necessary minimum terms and conditions, was made in good faith, and was fair and reasonable for the employees. Furthermore, the FWC was satisfied that the agreement was likely to promote workplace harmony and productivity.

The FWC approved the Aurizon Bulk (Queensland) Enterprise Agreement 2019, effective from 1 July 2019. The decision was made on the basis that the agreement met all statutory requirements and would ensure fair and reasonable terms and conditions for the employees, while also promoting a harmonious and productive workplace.

Aurizon Operations Limited T/A Aurizon

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established