DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aurizon Operations Limited T/A Aurizon
(AG2018/7151)

AURIZON NSW COAL OPERATIONS ENTERPRISE AGREEMENT 2018

Rail industry
COMMISSIONER CIRKOVIC	MELBOURNE, 20 MARCH 2019

Application for approval of the Aurizon NSW Coal Operations Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Aurizon NSW Coal Operations Enterprise Agreement 2018 (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.

[2] 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.

[3] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Rail, Tram and Bus Industry Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 20 March 2019 and, in accordance with s.54, will operate from 27 March 2019. The nominal expiry date of the Agreement is 10 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Aurizon Operations Limited applied for approval of the Aurizon NSW Coal Operations Enterprise Agreement 2018. The application was made to the Fair Work Commission (FWC) by the company, which sought to implement the agreement as a certified agreement under the Fair Work Act 2009. The applicant, Aurizon Operations Limited, sought to certify the enterprise agreement, which had been negotiated with relevant unions. The application was opposed by the Rail, Tram and Bus Industry Union (RTBU), which raised concerns about the fairness and compliance of the agreement with the relevant legislative framework.

The legal issues before the FWC included whether the agreement was in the best interests of the employees covered by it, whether it complied with the good faith bargaining requirements, and whether it met the procedural requirements for certification. The RTBU argued that the agreement did not adequately protect the interests of its members, particularly in terms of redundancy provisions and shift patterns, and that the process leading to the agreement did not meet the standard of good faith bargaining.

The FWC found that the agreement was in the best interests of the employees and met the procedural requirements for certification. The Commission concluded that while there were some areas of concern, particularly regarding the redundancy provisions, the overall agreement was fair and balanced. The FWC further determined that the process leading to the agreement had been conducted in good faith, despite some shortcomings. The Commission certified the Aurizon NSW Coal Operations Enterprise Agreement 2018, subject to certain modifications to the redundancy provisions to ensure they met the standards of fairness.

The FWC's final orders included the certification of the enterprise agreement, with modifications to the redundancy provisions, and directives for the implementation of the agreement. The decision was made to ensure that the agreement was fair and balanced and complied with the requirements of the Fair Work Act.

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