BMA Rail 2013Se note that this agreement is being renegotiated. Finally, in September 2014, Aurizon decided to send its three proposed enterprise agreements to its employees without the support of the unions. When Aurizon filed a complaint with the Commission in May 2014, aurizon had 14 enterprise agreements. These business agreements have passed their nominal expiry date of December 31, 2013. While the importance of enterprise agreements in regulating employment conditions cannot be rebutted by law, there is no evidence in the law that the existence of a pre-negotiated enterprise agreement necessarily promotes collective bargaining. Full Bench found that the provisions that Aurizon had attempted to remove or amend are not general provisions of the enterprise agreement and are provisions limiting Aurizon`s ability to effectively manage its labour needs. The Fair Work Commission`s decision set an important precedent that has been followed in other areas. Murdoch University in Western Australia has been successful in asking the Fair Work Commission to terminate a corporate contract with employees in 2017. Energy company AGL and mining companies Peabody Energy and Griffin Coal also relied on the redundancy option as a labour relations tactic. Aurizon submitted that a central part of the statement of reasons for the tahmoor coal decision was not accurate, since there was no legal obligation to promote productivity in a business in the first place through the negotiation of collective agreements in good faith and not by other means, such as termination of an expired contract or other legitimate means. On April 22, 2015, an innovative decision was taken by a full-fledged Bank of the Fair Work Commission (Commission) at Aurizon Operations Limited; Aurizon Network Pty Ltd; Australia Eastern Railroad Pty Ltd  FWCFB 540 has decided to respond to Aurizon`s request for the termination of its 12 expired corporate contracts. 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.
In addition, Full Bench felt that the terms of an enterprise agreement should not be expected to remain permanently unchanged (particularly after an enterprise agreement has exceeded its nominal expiry date). Many of the provisions to be repealed or amended are not common in most enterprise agreements. They restrict aurizon in the event of business changes that need to be increased in order to respond to a competitive market situation. Restrictive provisions limit Aurizon`s ability to respond effectively to its labour needs. Aurizon has tried to negotiate changes to these provisions, but the lengthy and extensive negotiations have not resulted in an agreement. Many of the changes Aurizon wanted in the negotiations seem rational to us. We understand the desire that private sector activities will no longer be held back by provisions that have actually been imposed by the privatization process.Leave a reply