Industrial Relations Management System

Jordan Rail's Industrial Relations Management System (IRMS) exists to prevent, manage and resolve workplace disputes lawfully and promptly, and to ensure the Company consults the right people — internally and through its IR company / external advisors — before any decision that could give rise to an industrial dispute. This system is the authoritative reference for dispute settlement, consultation, proper legal procedures, legalisation and statutory references across all Jordan Rail operations.

The Jordan Rail Industrial Relations Policy Statement (JRP-07300 Rev 2, 05/02/2025) sets the principles below. Where any conflict arises, the Fair Work Act 2009 (Cth), the Jordan Rail & RTBU Enterprise Agreement 2024 and the applicable State/Territory law prevail over this document.

• Creating a dispute-free environment through early consultation and common purpose.
• Resolving disputes at the lowest possible level using the proper legal procedure set out in this system.
• Engaging an IR company / external IR consultant or workplace lawyer before any dispute escalates beyond Stage 2 or before any disciplinary termination.
• Settling disputes by written, signed agreement that records the settlement terms and the legal basis for them.
• Complying with all applicable industrial laws, awards, agreements, statutory obligations, and State and National codes of practice.
• Maintaining an open relationship with employees, elected representatives, unions and principal contractors.
• Keeping this system under review as the single reference for IR legalisation and procedure across the business.

A four-stage dispute settlement procedure applies to any matter arising under the Enterprise Agreement, the National Employment Standards or the employment relationship. The procedure is mandatory and must be followed in sequence. Employees may be represented at any stage by a person of their choice, including an RTBU delegate or an external IR advisor. No party may take industrial action while the dispute is being resolved under this procedure (status quo applies), other than where there is a reasonable concern about an imminent risk to health and safety.

• Stage 1 — Direct Manager: The dispute is raised in writing with the employee's direct Manager, who must respond within a reasonable operational timeframe and attempt to settle the matter locally.
• Stage 2 — Senior Manager: If unresolved, the dispute is referred to a Senior Manager, who must review the facts and respond within a reasonable operational timeframe.
• Stage 3 — Director & HR: If unresolved, the dispute is referred to the relevant Director and the HR representative; the Company must engage its IR company / external IR consultant at this stage for matters involving potential termination, claims of adverse action, or potential FWC proceedings.
• Stage 4 — Fair Work Commission: If still unresolved, the dispute is referred to the Fair Work Commission (FWC) for mediation, conciliation or arbitration under the Fair Work Act 2009.
• Settlement: Any settlement reached at any stage must be recorded in writing, signed by the parties (or their representatives), and filed in the employee's IR record. A settlement is binding on the parties once signed.
• Status quo: Employees continue performing work in accordance with usual practice while the dispute is resolved, unless there is a reasonable concern about an imminent health and safety risk.
• Binding decision & appeal: A FWC arbitration decision is binding on the parties. An appeal lies only as provided under the Fair Work Act 2009 and must be filed within 21 days of the decision.

Jordan Rail engages an external IR company / workplace relations consultant and, where required, workplace lawyers, to provide independent advice and representation on industrial matters. The Managing Director (or delegate) is the only person authorised to instruct the IR company; all requests for external IR advice must be routed through the HR representative and the Managing Director.

• When to consult the IR company: before any termination or serious disciplinary action; before responding to any FWC application (unfair dismissal, general protections, adverse action); before issuing any written warning above a first warning; before any enterprise bargaining response; before responding to any union claim or dispute notification; and at Stage 3 of the dispute settlement procedure.
• How to instruct: HR prepares a brief containing the facts, relevant dates, documents and the question to be answered; the Managing Director authorises the instruction; the IR company responds in writing and the advice is filed in the IR record.
• Representation: The IR company or workplace lawyer may represent Jordan Rail at FWC conferences, hearings, mediation, conciliation and arbitration, and in correspondence with employees, unions or their representatives.
• Confidentiality & legal privilege: Advice from workplace lawyers is subject to legal professional privilege and must be kept confidential to the Managing Director, HR and the relevant Director only; advice from the IR consultant is confidential commercial advice and is shared on a need-to-know basis.
• Costs: External IR advice and representation is a Company cost; the HR representative tracks all instructions and costs against the IR budget.
• Record-keeping: Every instruction, advice received and action taken is recorded in the IR Consultation Register so the Company can demonstrate proper legal procedure was followed.

The Company must consult with affected employees and/or their nominated representatives before introducing major change to production, organisation, structure or technology, or changes to regular rosters or ordinary hours. Proper consultation is the Company's primary tool for preventing disputes. The Fair Work Act 2009 (as amended) and the Agreement establish Workplace Delegate rights that the Company must recognise.

• Employees may appoint a representative of their choice (including an RTBU delegate or the IR company) for any matter arising under the Agreement.
• The Company must recognise and provide reasonable facilities to Workplace Delegates (private meeting area, noticeboard, electronic communications, secure document storage, office equipment).
• Workplace Delegates may communicate with eligible employees during working hours, breaks, and before or after work.
• The Company must give affected employees and their representatives information about major change, invite their views, consider those views, and advise of the outcome — the four-step consultation required by the Fair Work Act 2009.
• Counselling and disciplinary processes are confidential; employees are entitled to representation, to know the allegations and to respond before any disciplinary outcome.
• Consultation that does not resolve a concern is escalated through the Dispute Settlement Procedure (Section 2).

Legalisation means ensuring every IR decision, agreement and record is properly authorised, executed and filed so it is legally enforceable and auditable. Jordan Rail applies the following legalisation standard to all IR documents and processes. Where a document requires statutory declaration, witnessing or notarisation, the HR representative arranges this before the document takes effect.

• Authorisation: Only the Managing Director (or a Director delegated in writing) may sign enterprise agreements, settlement agreements, FWC responses, termination decisions and principal-contract IR acknowledgements on behalf of the Company.
• Execution: IR agreements and settlements may be executed by wet-ink signature or electronically (cl 24 of the principal contract and the Electronic Transactions Act 2000 (Cth)); each counterpart is an original.
• Record-keeping: All IR records (consultations, warnings, settlements, FWC filings, delegate notices) are retained for 7 years in the IR record, in accordance with the Fair Work Act 2009 and the Archives Act.
• Statutory filings: The HR representative ensures all required statutory filings are made (e.g. FWC forms, Single Touch Payroll, superannuation guarantee, long service leave contributions, WorkSafe notifications).
• Privacy & confidentiality: IR records are held securely and accessed only by authorised persons; employee personal information is handled in accordance with the Privacy Act 1988 (Cth).
• Review: This system is reviewed annually and after any material legislative change; the review is recorded with the reviewer, date and changes made.

This Industrial Relations Management System operates within the federal and Victorian industrial relations framework. The primary legislation, instruments and references below are the authoritative sources for dispute settlement, consultation, proper legal procedure, legalisation and statutory compliance at Jordan Rail. Where a question arises that this system does not answer, the HR representative must consult the IR company / workplace lawyer and update this system with the answer.

• Fair Work Act 2009 (Cth) — governing legislation for enterprise agreements, the NES, dispute resolution (Part 3-1), Workplace Delegate rights (Part 3-4), general protections, unfair dismissal and adverse action.
• National Employment Standards (NES) — minimum standards for all national system employees (Fair Work Act 2009, Div. 2 of Part 2-2).
• Jordan Rail & RTBU Enterprise Agreement 2024 — governing instrument for covered employees in Victoria; includes the 4-stage dispute settlement procedure and consultation obligations.
• Jordan Rail Industrial Relations Policy Statement (JRP-07300 Rev 2, 05/02/2025) — Company IR policy and principles.
• Fair Work Commission Rules 2013 and Procedural Rules — procedure for FWC conferences, mediation, conciliation and arbitration; time limits for unfair dismissal (21 days) and general protections (21 days) applications.
• Electronic Transactions Act 1999 (Cth) and Electronic Transactions Act 2000 (Vic) — legal basis for electronic execution and legalisation of IR documents.
• Privacy Act 1988 (Cth) and Australian Privacy Principles — handling of employee personal information in IR records.
• Portable Long Service Leave Acts (State/Territory) — long service leave obligations via LeavePlus (Victoria).
• Redundancy Payment Acts — Incolink Number 5 Fund (Victoria) for severance.
• Income Tax Assessment Act 1997 and Taxation Administration Act 1953 (ATO Act & Guidelines) — taxation obligations for wages, allowances and settlements.
• WorkSafe Victoria / OHS Act 2004 & Regulations — work health and safety obligations relevant to status-quo and stop-work disputes.
• Rail Safety National Law — safety obligations where transport interfaces the rail network.
• Institute of Arbitrators and Mediators Australia (IAMA) Rules — arbitration procedure for principal-contract disputes under cl 25.
• RTBU Union Rules — union coverage and delegate entitlements.