Asciano Services Pty Ltd

[2013] FWCA 941

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asciano Services Pty Ltd
(AG2013/255)

PACIFIC NATIONAL INTERMODEL DIVISION - TERMINAL OPERATIONS ENTERPRISE AGREEMENT 2012

Rail industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 11 FEBRUARY 2013

Application for approval of the Pacific National Intermodel Division - Terminal Operations Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Pacific National Intermodel Division - Terminal Operations Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 18 February 2013. The nominal expiry date of the Agreement is 30 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Asciano Services Pty Ltd for approval of the Pacific National Intermodel Division - Terminal Operations Enterprise Agreement 2012. The application arose from negotiations between the applicant and the relevant union representatives over terms and conditions of employment for the workforce within the specified division. The Commission was tasked with assessing the agreement's compliance with the relevant provisions of the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement complied with the procedural and substantive requirements outlined in the Act. Specifically, the Commission needed to determine if the agreement was made in good faith, whether it covered the correct bargaining unit, and if it contained the necessary minimum terms and conditions as prescribed by the Act. Additionally, the Commission had to consider if the agreement provided fair and reasonable terms and conditions for the employees.

The Commission found that the agreement was made in good faith and covered the correct bargaining unit. It was also determined that the agreement contained all the necessary minimum terms and conditions as required by the Act. Furthermore, the Commission concluded that the agreement provided fair and reasonable terms and conditions for the employees. Based on these findings, the Commission approved the agreement as compliant with the Act.

As a result of the Commission's approval, the Pacific National Intermodel Division - Terminal Operations Enterprise Agreement 2012 was recognised as a registered agreement under the Fair Work Act 2009. This decision binds the parties and sets the terms and conditions of employment for the workforce within the specified division.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established