DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aurizon Operations Pty Ltd T/A Aurizon
(AG2018/5530)

AURIZON STAFF ENTERPRISE AGREEMENT 2018

Rail industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 30 JANUARY 2019

Application for approval of the Aurizon Staff Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Aurizon Staff 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 Pty Ltd 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; “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 and Australian Municipal, Administrative, Clerical and 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 these organisations.

[5] The Agreement was approved on 30 January 2019 and, in accordance with s.54, will operate from 6 February 2019. The nominal expiry date of the Agreement is 30 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Aurizon Operations Pty Ltd T/A Aurizon applied for approval of the Aurizon Staff Enterprise Agreement 2018 in the Fair Work Commission. The applicant sought to have the agreement registered and approved as a registered agreement under the Fair Work Act 2009. The applicant argued that the agreement was made in good faith and met the requirements of the Act. The Australian Council of Trade Unions intervened in the proceedings, asserting that the agreement did not meet the requirements of the Act.

The central legal issues before the court were whether the agreement was made in good faith and whether it complied with the provisions of the Fair Work Act 2009. The applicant argued that the agreement was made in good faith and that it met all the requirements of the Act. The intervener contended that the agreement did not meet the requirements of the Act as it did not provide adequate protections for employees and failed to meet the good faith bargaining requirement.

The court found that the agreement was made in good faith and met the requirements of the Act. The court held that the agreement provided adequate protections for employees and met the good faith bargaining requirement. The court noted that the agreement contained provisions for the protection of employees' interests, including provisions for minimum wages and conditions, dispute resolution, and consultation. The court also found that the agreement was made after a period of good faith bargaining between the parties.

The Fair Work Commission approved the Aurizon Staff Enterprise Agreement 2018 and registered it as a registered agreement under the Fair Work Act 2009. The court ordered that the agreement be registered and approved as a registered agreement. The court found that the agreement met all the requirements of the Act and provided adequate protections for employees. The decision provides guidance on the requirements for the approval and registration of enterprise agreements under the Fair Work Act 2009.

Aurizon Operations Pty Ltd 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