Asciano Services Pty Ltd T/A Pacific National

[2014] FWCA 4219

FAIR WORK COMMISSION

DECISION

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

Asciano Services Pty Ltd T/A Pacific National
(AG2014/1128)

PACIFIC NATIONAL VICTORIAN BULK RAIL ENTERPRISE AGREEMENT 2014

Rail industry
COMMISSIONER ROBERTS	SYDNEY, 25 JUNE 2014

Application for approval of the Pacific National Victorian Bulk Rail Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Pacific National Victorian Bulk Rail 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 T/A Pacific National (the Company). The agreement is a single-enterprise agreement.

[2] On 24 and 25 June 2014 undertakings were provided by Ms R Hanley, the Company’s HR Manager, in relation to clause 29 (Consultation and Change) and clause 30 (Dispute Resolution Procedure) in Part A and clause 6(c) in Part B of the Agreement. Pursuant to s.190 of the Act, I accept the Company’s undertakings. Copies of the undertakings are attached to this decision at Annexures A and B and form part of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has 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 wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 July 2014. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

The applicant, Asciano Services Pty Ltd trading as Pacific National, applied to the Fair Work Commission for approval of the Pacific National Victorian Bulk Rail Enterprise Agreement 2014. The application was brought in response to the negotiation of an enterprise agreement between Pacific National and its employees represented by the Rail, Tram and Bus Industry Union and the National Union of Workers. The dispute concerned various terms and conditions of employment, including wages, working hours, leave provisions, and dispute resolution mechanisms.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for the minimum entitlements set out in the Act, whether it was free from prohibited content, and whether the agreement had been genuinely negotiated. The Commission also needed to determine whether the agreement facilitated the improved productivity of the workplace and was in the public interest.

The Fair Work Commission found that the agreement satisfied the criteria set out in the Fair Work Act. The Commission noted that the agreement provided for minimum entitlements, was free from prohibited content, and had been genuinely negotiated. The Commission also found that the agreement facilitated the improved productivity of the workplace and was in the public interest. The Commission approved the agreement, finding it to be in compliance with the requirements of the Act.

The Fair Work Commission approved the Pacific National Victorian Bulk Rail Enterprise Agreement 2014. The agreement was registered on the Register of Approved Enterprise Agreements, and the terms and conditions set out in the agreement became legally binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established