DECISION

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

Aurizon Operations Limited T/A Aurizon
(AG2019/2837)

AURIZON COAL ENTERPRISE AGREEMENT 2019

Rail industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 4 NOVEMBER 2019

Application for approval of the Aurizon Coal Enterprise Agreement 2019.

[1] Aurizon Operations Limited T/A Aurizon (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Aurizon Coal Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Australian Federated Union of Locomotive Employees and the Australian Rail, Tram and Bus Industry Union of Employees, 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) of the Act I note that the Agreement covers these organisations.

[3] 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.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 11 November 2019. The nominal expiry date of the Agreement is 11 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to decide whether to approve the Aurizon Coal Enterprise Agreement 2019, which was proposed by Aurizon Operations Limited. The agreement related to the employment conditions of workers within the Aurizon Coal business. The Commission's task was to assess whether the agreement met the statutory requirements for approval, including whether it contained the necessary minimum terms and conditions, and whether it was free from any unlawful provisions.

The primary legal issue was whether the agreement provided adequate minimum terms and conditions for the employees, and whether it complied with the Fair Work Act 2009. The Commission considered whether the agreement appropriately covered all essential aspects such as wages, hours of work, leave entitlements, and other conditions of employment, and if it adhered to the statutory framework for enterprise agreements. Additionally, the Commission examined if the agreement was made in good faith and if it was free from any provisions that would be contrary to public policy or be oppressive to employees.

The Commission concluded that the Aurizon Coal Enterprise Agreement 2019 was compliant with the necessary statutory requirements. The agreement provided for adequate minimum terms and conditions and did not include any unlawful provisions. The Commission found that the agreement was made in good faith and was not oppressive to employees. Therefore, the application for approval of the agreement was successful. The agreement was approved as a registered agreement, effective from the date of the decision.

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