Asciano Services Pty Ltd T/A Pacific National

[2018] FWCA 1426

[2018] FWCA 1426

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asciano Services Pty Ltd T/A Pacific National
(AG2017/6695)

PACIFIC NATIONAL INTERMODAL TRAIN CREW ENTERPRISE AGREEMENT 2017

Rail industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 MARCH 2018

Application for approval of the Pacific National Intermodal Train Crew Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Pacific National Intermodal Train Crew Enterprise Agreement 2017 (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 T/A Pacific National. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 9 March 2018 and, in accordance with s.54, will operate from 16 March 2018. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

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