Australia Western Railroad Pty Ltd T/A Aurizon
[2024] FWCA 4621
•24 DECEMBER 2024
| [2024] FWCA 4621 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Australia Western Railroad Pty Ltd T/A Aurizon
(AG2024/4667)
AURIZON BULK (WESTERN AUSTRALIA) RAIL OPERATIONS ENTERPRISE AGREEMENT 2024
| Rail industry | |
| DEPUTY PRESIDENT O'KEEFFE | PERTH, 24 DECEMBER 2024 |
Application for approval of the Aurizon Bulk (Western Australia) Rail Operations Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Aurizon Bulk (Western Australia) Rail Operations Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australia Western Railroad Pty Ltd T/A Aurizon (the Applicant). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 8 August 2024 and the Agreement was made on 18 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Australian Rail, Tram and Bus Industry Union who were a bargaining agent expressed a view that the Agreement passes the BOOT.
A potential BOOT concern was identified with respect to permanent night shift workers. I received submissions on this issue from the Applicant and I am satisfied that there are no permanent night shift workers currently engaged, and it is not reasonably foreseeable that any such workers will be engaged during the life of the Agreement. As a result, this concern is resolved.
The Applicant has provided written undertakings (Annexure 1). 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The Australian Rail, Tram and Bus Industry Union lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the Australian Rail, Tram and Bus Industry Union.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2025. The nominal expiry date of the Agreement is 23 February 2028.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure 1:
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