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Aurizon Staff Enterprise Agreement

The decisions also clearly and unambiguously set out the appropriate principles that must apply when considering an application to terminate an expired enterprise contract. The unions also requested a review of the Commission`s decision on the grounds that, in the public interest opinion within the meaning of S 226 bis of the Act, the Commission had failed to take into account a ”substantial relevant consideration” by failing to take into account the effects of the termination of enterprise agreements on an access project submitted by Aurizon under state competition law. ”The company seems to be deliberately trying to break a deadlock, so it can go to the Fair Work Commission and ask for the termination of existing agreements,” he said. ”It is disappointing that the exploitation of Australia`s coal supply chain has become collateral damage in Aurizons` cynical labour relations strategy.” The staff contract was approved by the majority of workers with the right to vote. The vote on the other two agreements was an overwhelming ”no.” On May 12, 2014, Aurizon submitted an application to the Commission under Section 225 of the Fair Work Act 2009 (Cth) (Act) requesting the termination of all 14 expired enterprise contracts. The Union argued that the ”legacy provisions” contained in the expired enterprise agreements are explicable and are reasonable terms of employment, given the nature of Aurizon`s activities, the sites where work is carried out and the conditions under which the work of Aurizon workers is carried out. ”Aurizon employees voted in favour of a new Coal Enterprise agreement,” Aurizon said Monday in an email to S-P Global Platts. ”81.2% of the workers covered by the proposed agreement voted `yes` in the 19 July vote. On the question of whether expired enterprise agreements should be terminated, Full Bench acknowledged that both unions and workers covered by expired enterprise agreements objected to the termination of these agreements. The ”Full Bench” found, however, that Aurizon`s commitments would help allay employees` concerns about their rights.

The spokesperson said Aurizon employees have approved three new enterprise agreements since last September for employees and train drivers. The agreements included wage increases of between 1.5 and 2.25 per cent. This decision is also important for employers in general who, despite having lengthy negotiations on enterprise agreements, have previously ruled out the potential for a successful application to terminate an expired enterprise contract in light of the old line of competence. The unions also argued that the denunciation of enterprise agreements would run counter to the objective of a fair framework for collective bargaining in good faith, would generally compromise negotiations and give Aurizon a huge advantage in their negotiations on alternative operating agreements. Tahmoor Coal`s central reasoning has been expressly repealed, with the full bench stating that there is no legal imperative, that the promotion and provision of productivity benefits at the enterprise level must be obtained in the first place or exclusively by the negotiation of good faith enterprises and not by other means.

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