By approving the Traincrew agreement, Aurizon has achieved its commercial objective of having three modern and flexible enterprise agreements for approximately 5,000 of its employees in Queensland. 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.” Article 226 of the Act stipulates that the Commission must denounce an enterprise agreement if: the decisions also clearly and unambiguously set out the appropriate principles to be applied when the Commission considers a request to terminate an expired enterprise agreement. Following the request for dismissal, Aurizon continued to negotiate with the unions to reach agreement on replacement agreements for companies. 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. Many of the provisions to be repealed or amended are not common in most enterprise agreements.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. We do not believe that the proposed amendments objectively imply the exploitation or unfairness of the employment conditions of Aurizon`s employees. Although the decision on the redundancy application was a benefit to Aurizon, there were no alternative agreements for companies yet.
Moreover, if considerable efforts have been made to negotiate replacement agreements and an agreement is unlikely to be reached, it is not contrary to the public interest to terminate an expired enterprise contract. In July 2014, Aurizon published three enterprise agreements for trade unions. The three proposed enterprise agreements were: perhaps the best place to quote a central paragraph of the Full Bench decision – a paragraph that reflects the position that Aurizon had always defended during his efforts to reach an agreement with the unions: the unions also requested a review of the Commission`s decision, as the Commission did not take into account an “important consideration” when considering the public interest. (s) 226 A of the law by not taking into account the effects of the termination of enterprise agreements on an access project submitted by the Aurizon within the framework of national competition law. Aurizon succeeded in 2015 with a request to terminate an enterprise contract with employees. Aurizon called for his resignation after a long period of failed negotiations. Aurizon, Australian coal rail workers end dispute over enterprise agreement On the same day, Commissioner Spencer approved the Aurizon Train Crew and Transport Operations (Traincrew Agreement), the last of three enterprise agreements concluded by Aurizon employees and approved by the Commission.