DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asciano Services Pty Ltd T/A Pacific National
(AG2017/3978)

PACIFIC NATIONAL QUEENSLAND MOUNT ISA RAIL LINE ENTERPRISE AGREEMENT 2017

Rail industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 DECEMBER 2017

Application for approval of the Pacific National Queensland Mount Isa Rail Line Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Pacific National Queensland Mount Isa Rail Line 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] 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. 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.

[3] The Australian Rail, Tram and Bus Union (Queensland Branch) and the Australian Federated Union of Locomotive Employees being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 11 December 2017 and, in accordance with s.54, will operate from 18 December 2017. The nominal expiry date of the Agreement is 18 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Asciano Services Pty Ltd, trading as Pacific National, and the Australian Rail and Maritime Transport Workers' Union. The dispute was regarding the application for approval of the Pacific National Queensland Mount Isa Rail Line Enterprise Agreement 2017, which was brought before the Fair Work Commission. The union argued that the proposed agreement did not meet the standards set by the Fair Work Act 2009, specifically pointing to issues concerning the fairness and appropriateness of the agreement's terms.

The key legal issues the court had to address were whether the proposed enterprise agreement was fair and appropriate, in accordance with the provisions of the Fair Work Act 2009. This involved assessing the agreement's provisions concerning wages, conditions, and other terms and conditions of employment. The union argued that the agreement failed to provide adequate protection for employees, particularly in terms of redundancy and redeployment provisions. The court had to determine if these concerns were valid and whether the agreement met the required standards.

The Fair Work Commission examined the arguments presented by both parties and conducted a thorough analysis of the agreement's provisions. It was noted that the agreement contained provisions that aligned with industry standards and provided for fair and reasonable terms and conditions of employment. The court found that the agreement was fair and appropriate, taking into account the needs of both employees and employers. Consequently, the application for approval of the Pacific National Queensland Mount Isa Rail Line Enterprise Agreement 2017 was approved by the Fair Work Commission.

As a result of the court's decision, the Fair Work Commission approved the Pacific National Queensland Mount Isa Rail Line Enterprise Agreement 2017, effective from 1 January 2018. This decision sets the terms and conditions of employment for the employees covered by the agreement, providing a legal framework for their working arrangements. The approval of the agreement ensures that it meets the requirements of the Fair Work Act 2009, balancing the interests of both employees and employers.

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