Asciano Services Pty Ltd Summary

[2013] FWCA 1718

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asciano Services Pty Ltd
(AG2013/417)

PACIFIC NATIONAL MANAGEMENT SERVICES ENTERPRISE AGREEMENT 2012

Rail industry
COMMISSIONER LEWIN	DARWIN, 20 MARCH 2013

Application for approval of the Pacific National Management Services Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Pacific National Management Services Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Asciano Services Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was listed for e-Hearing at 2.30 pm on 13 March 2013.

[3] The Australian Rail, Tram and Bus Industry Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2013. The nominal expiry date of the Agreement is 31 August 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case of Asciano Services Pty Ltd involved a dispute concerning the approval of the Pacific National Management Services Enterprise Agreement 2012. This agreement was sought to be approved under section 176 of the Fair Work Act 2009, which mandates that such agreements must meet certain criteria to be certified and approved by the Fair Work Commission. The applicant, Asciano Services Pty Ltd, sought the Commission's approval for the agreement, which was intended to regulate the terms and conditions of employment for managers within Pacific National.

The legal issues the court had to address included whether the agreement complied with the requirements of the Fair Work Act, particularly sections 176(1)(b) and 176(1)(c), which require the agreement to provide for the equitable treatment of employees and to be in the public interest. The court also needed to consider whether the agreement appropriately balanced the interests of both the employer and the employees and whether it adhered to the principles of the Fair Work Act.

In its decision, the Fair Work Commission assessed the agreement against the statutory criteria and concluded that the agreement met the necessary standards. The Commission found that the agreement provided for the equitable treatment of employees and was in the public interest. The Commission took into account the negotiations and the submissions made by both parties, as well as the broader implications of the agreement on the industrial relations system. The Commission also considered the impact of the agreement on the employees and the employer, finding that the balance of the agreement was fair and reasonable.

As a result of its findings, the Fair Work Commission approved the Pacific National Management Services Enterprise Agreement 2012, certifying it under section 177 of the Fair Work Act. This certification meant that the agreement would have the full force of a registered agreement, binding both the employer and the employees to its terms and conditions. The decision was made in the interest of promoting fairness and stability in the workplace, ensuring that the agreement would operate effectively within the framework of Australian industrial relations law.

Asciano Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established