DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asciano Services Pty Ltd T/A Pacific National
(AG2017/5230)

PACIFIC NATIONAL INTERMODAL – OUTSOURCED PROJECTS ENTERPRISE AGREEMENT 2017

Rail industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 DECEMBER 2017

Application for approval of the Pacific National Intermodal Division - Outsourced Projects Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Pacific National Intermodal Division - Outsourced Projects 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 21 December 2017 and, in accordance with s.54, will operate from 28 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of Asciano Services Pty Ltd, trading as Pacific National, the company sought approval for the Pacific National Intermodal Division - Outsourced Projects Enterprise Agreement 2017. The application was heard by the Fair Work Commission, which was tasked with determining whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The primary concern was whether the agreement appropriately balanced the rights and obligations of employees and employers, and if it complied with the procedural and substantive fairness standards set by the Act.

The legal issues before the Commission centred on whether the agreement was genuinely negotiated and if it satisfied the criteria for simplicity, clarity, and accessibility. The company argued that the agreement was the product of genuine bargaining, while the union contended that certain provisions did not meet the necessary standards of fairness and were not appropriately negotiated. The Commission had to consider the nature of the bargaining process, the fairness of the terms, and whether the agreement met the statutory obligations regarding employee representation and procedural fairness.

The Fair Work Commission found that the agreement had been genuinely negotiated and met the criteria for approval. The Commission noted that the process involved extensive consultation and negotiation, and the terms of the agreement were clear, simple, and accessible. The Commission was satisfied that the agreement appropriately balanced the rights and interests of both parties and complied with the statutory requirements. Consequently, the Commission approved the Pacific National Intermodal Division - Outsourced Projects Enterprise Agreement 2017.

As a result of the Commission’s decision, the Pacific National Intermodal Division - Outsourced Projects Enterprise Agreement 2017 was approved, and the agreement will now govern the employment conditions of the relevant employees. The decision underscores the importance of genuine negotiation and compliance with statutory requirements in enterprise agreements, providing clarity for future agreements in similar contexts.

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