DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Asciano Services Pty Ltd T/A Pacific National
(AG2015/130)

PACIFIC NATIONAL INTERMODAL DIVISION - OUTSOURCED PROJECTS ENTERPRISE AGREEMENT, 2014.

Rail industry
COMMISSIONER CARGILL	SYDNEY, 6 FEBRUARY 2015

Application for approval of the Pacific National Intermodal Division - Outsourced Projects Enterprise Agreement, 2014.

[1] An application has been made for approval of an enterprise agreement known as thePacific National Intermodal Division - Outsourced Projects Enterprise Agreement, 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Asciano Services Pty Ltd trading as Pacific National. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Rail, Tram and Bus Industry Union 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 13 February 2015. The nominal expiry date is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Asciano Services Pty Ltd, trading as Pacific National, applied for approval of the Pacific National Intermodal Division - Outsourced Projects Enterprise Agreement, 2014. The applicant sought approval for this enterprise agreement, which was negotiated with the relevant trade union. The application was made under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act, including the 'better off overall test', and whether the process for negotiating the agreement was fair and proper. The Commission had to consider whether the agreement provided for terms and conditions that were no less favourable than the relevant award or safety net award, and whether it was negotiated in good faith and in a manner that was procedurally fair.

The Commission examined the evidence and submissions from both parties and found that the agreement met the statutory requirements. It determined that the agreement was fair and reasonable, providing for terms and conditions that were no less favourable than the relevant award. The Commission was satisfied that the negotiation process was conducted in good faith and that the union had been given a reasonable opportunity to negotiate the terms of the agreement. The 'better off overall test' was also met, as the agreement provided for a number of benefits to employees, including pay increases, improved conditions, and additional leave entitlements. The Commission concluded that the agreement was in the best interests of the employees and approved it.

In light of the findings, the Commission approved the Pacific National Intermodal Division - Outsourced Projects Enterprise Agreement, 2014, effective from the date of the decision. The approval was subject to the terms and conditions set out in the agreement, which would now apply to the employees covered by the agreement. The decision was binding on all parties and could not be challenged in any court or tribunal. The Commission's approval of the agreement was a significant step forward in the ongoing efforts to improve the working conditions and rights of employees in the intermodal division of Pacific National.

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