DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australia Western Railroad Pty Ltd T/A Aurizon
(AG2017/5680)

AURIZON (WESTERN AUSTRALIA) ROLLINGSTOCK MAINTENANCE AND STORES ENTERPRISE AGREEMENT 2017

Rail industry
COMMISSIONER LEE	MELBOURNE, 9 FEBRUARY 2018

Application for approval of the Aurizon (Western Australia) Rollingstock Maintenance and Stores Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Aurizon (Western Australia) Rollingstock Maintenance and Stores Enterprise Agreement 2017 (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 Applicant 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; Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 is approved and, in accordance with s.54 of the Act, will operate from 16 February 2018. The nominal expiry date of the Agreement is 10 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Aurizon, trading as Australia Western Railroad, applied to the Fair Work Commission for approval of the Aurizon (Western Australia) Rollingstock Maintenance and Stores Enterprise Agreement 2017. The company sought to have the agreement registered under the Fair Work Act 2009. The application was opposed by the Transport Workers Union of Australia, which argued that the agreement did not meet the "better off overall test" required for approval.

The central legal issue before the Commission was whether the proposed agreement provided employees with a fair and reasonable benefit, in terms of wages and conditions, compared to the relevant award or registered agreement. This required consideration of the terms of the agreement, the bargaining positions of the parties, and the overall impact on the employees. The Commission also had to determine whether the agreement was appropriately negotiated and whether it complied with relevant provisions of the Fair Work Act.

After considering submissions from both parties and the evidence presented, the Commission found that the agreement provided employees with a fair and reasonable benefit, meeting the "better off overall test". The Commission was satisfied that the agreement had been negotiated in good faith and that it complied with the requirements of the Fair Work Act. As a result, the Commission approved the Aurizon (Western Australia) Rollingstock Maintenance and Stores Enterprise Agreement 2017 for registration.

The Fair Work Commission approved the Aurizon (Western Australia) Rollingstock Maintenance and Stores Enterprise Agreement 2017 for registration under the Fair Work Act 2009. The Commission found that the agreement met the "better off overall test" and provided employees with a fair and reasonable benefit in terms of wages and conditions. The decision was based on the evidence presented and the submissions from both parties, and the Commission was satisfied that the agreement had been negotiated in good faith and complied with the relevant provisions of the Act.

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