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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Asciano Services Pty Ltd, trading as Pacific National, the Fair Work Commission (FWC) was asked to consider the approval of the Pacific National Intermodal Train Crew Enterprise Agreement 2017. The dispute involved the proposed enterprise agreement between Pacific National and its employees, specifically those in intermodal train crew positions. The primary issue before the FWC was whether the agreement met the criteria for approval under the Fair Work Act 2009, including ensuring that it provided for fair and reasonable terms and conditions, and was free from provisions that could be considered contrary to public policy.

The FWC examined various aspects of the proposed agreement, including the terms and conditions of employment, procedural fairness in the agreement-making process, and whether the agreement contained any provisions that might be contrary to public policy. The FWC considered submissions from both parties and relevant evidence to determine if the agreement satisfied the legal requirements for approval. The FWC found that the agreement was fair and reasonable and did not contain any provisions that would be contrary to public policy. The FWC also noted that the agreement-making process was procedurally fair and that the employees had been adequately represented.

The FWC approved the Pacific National Intermodal Train Crew Enterprise Agreement 2017, recognising that the agreement met the necessary legal criteria. The decision highlights the FWC's role in ensuring that enterprise agreements are fair and reasonable while also protecting the interests of both employers and employees. The FWC's approval of the agreement provides certainty and stability in the employment relationship between Pacific National and its intermodal train crew employees.

Asciano Services Pty Ltd T/A Pacific National

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established