DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australia Western Railroad Pty Ltd T/A Aurizon
(AG2018/5787)

AURIZON (WESTERN AUSTRALIA) RAIL OPERATIONS ENTERPRISE AGREEMENT 2018

Rail industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 FEBRUARY 2019

Application for approval of the Aurizon (Western Australia) Rail Operations Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Aurizon (Western Australia) Rail 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 Australia Western Railroad 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 19 February 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Australia Western Railroad Pty Ltd trading as Aurizon, and the application for approval of the Aurizon (Western Australia) Rail Operations Enterprise Agreement 2018. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009, including provisions regarding employee representation and the scope of the agreement's coverage. The Commission was required to assess if the agreement complied with the legal standards set out in the Act, including the provisions regarding employee representation and the scope of the agreement.

The legal issues addressed by the Commission included whether the agreement had been genuinely negotiated, if it provided for proper employee representation, and whether it was sufficiently detailed and fair. Additionally, the court examined if the agreement's terms were in line with the provisions of the Fair Work Act, including the mandatory topics that must be included in such agreements. The Commission also had to consider the process by which the agreement was negotiated and whether it was conducted in good faith.

In its decision, the Fair Work Commission found that the Aurizon (Western Australia) Rail Operations Enterprise Agreement 2018 complied with the necessary legal standards. The Commission determined that the agreement had been genuinely negotiated and that it provided for proper employee representation. The terms of the agreement were found to be fair and in line with the mandatory topics required by the Fair Work Act. Consequently, the Commission approved the agreement, finding it met the legal requirements for such enterprise agreements.

The final orders of the Fair Work Commission were that the Aurizon (Western Australia) Rail Operations Enterprise Agreement 2018 be approved and registered under the Fair Work Act 2009. This decision allows the agreement to come into effect, providing a legally binding framework for the employment terms of the workers covered by the agreement.

Australia Western Railroad 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