DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Asciano Services Pty Ltd T/A Pacific National
(AG2016/175)

PACIFIC NATIONAL ASSET AND INFRASTRUCTURE SERVICES ENTERPRISE AGREEMENT 2015

Rail industry
COMMISSIONER LEE	MELBOURNE, 16 FEBRUARY 2016

Application for approval of the Pacific National Asset and Infrastructure Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Pacific National Asset and Infrastructure Services Enterprise Agreement 2015 (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 23 February 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Asciano Services Pty Ltd, trading as Pacific National, and the Rail, Tram and Bus Industry Union. The dispute centred on the approval of the Pacific National Asset and Infrastructure Services Enterprise Agreement 2015. The matter was heard by the Commission, presided over by Deputy President R J Crawford. The central legal issue the Commission had to resolve was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement provided for the mandatory bargaining items, was free from prohibited content, and whether it was certified as a single, indivisible agreement by an independent certifier.

Upon examining the enterprise agreement, the Commission assessed its compliance with the Fair Work Act. The agreement was scrutinised for its coverage of the mandatory bargaining items, which include minimum rates of pay, penalties for overtime and public holidays, maximum weekly hours, leave provisions, and other employment conditions. The Commission also verified that the agreement did not include any prohibited content, such as terms that would undermine the ability of employees to exercise their workplace rights or that would unfairly discriminate against certain employees. Additionally, the Commission confirmed that the agreement was certified as a single, indivisible agreement by an independent certifier, as required by the Act.

The Commission found that the Pacific National Asset and Infrastructure Services Enterprise Agreement 2015 complied with the statutory requirements. The agreement was deemed to cover all mandatory bargaining items, did not contain any prohibited content, and was appropriately certified. Consequently, the Commission approved the enterprise agreement. The decision provided clarity for both parties regarding the terms of the agreement and its enforceability under the Fair Work Act.

The Fair Work Commission approved the Pacific National Asset and Infrastructure Services Enterprise Agreement 2015. This approval signified that the agreement met all statutory requirements and was fit for enforcement. The decision brought certainty to the employment conditions of the employees covered by the agreement.

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