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Aurizon Termination Of Agreement

Section 226 of the Act provides that the Commission must terminate a company agreement if: in April 2013, Aurizon entered into negotiations with the relevant trade unions with a view to replacing those that would expire. In 2015, the FWC denounced 12 expired company agreements at the request of Aurizon (formerly Queensland Rail) (see [2015] FWCFB 540, confirmed in [2015] FFC 126). In this case, the employer argued in favour of amending the company agreements which, in its view, contained unenforceable provisions on the protection of workers and rigidity which restrict its activities. The parties began negotiations in April 2013 (approximately 8 months before the expiry date), but had made little progress in May 2014, when the employer requested the termination of the contracts. 1. The employer and the union began negotiations around April 2016, with the first substantive bargaining meeting held on May 18, 2016. The request for dismissal was filed after about 27 meetings, as well as trade union actions, social media campaigns and demands addressed to the FWC and the courts. The FWC was convinced that the parties were unlikely to reach an agreement in the near future. The expired company agreements contained a number of conditions that were “old provisions” applicable to QR Limited, while remaining the property of the state government.

This article examines how Aurizon filed the termination request, the importance of the decisions relating to its application, and the impact of the success of that application on the achievement of its business objective. For example, expired company agreements contained clauses: “There is nothing in these provisions [that deal with the provisions of the law] if they are read harmoniously, which would indicate that the emphasis on promoting productivity. is first possible through collective bargaining in good faith. and not by other means, such as . B termination of an expired contract.¬†3. experts and detailed evidence of the employer`s position in the market and, ideally, the impact of the company agreement. Detailed evidence of the practical impact of key clauses in company agreements that can convince the FWC that these are significant restrictions on the operation of the employer and that a cause of inefficiency is likely to be convincing….

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