Asciano Services Pty Ltd Summary

[2013] FWCA 6569

FAIR WORK COMMISSION

DECISION

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

Asciano Services Pty Ltd
(AG2013/2643)

PACIFIC NATIONAL INTERMODAL TRAIN CREW ENTERPRISE AGREEMENT 2013

Rail industry
COMMISSIONER CARGILL	SYDNEY, 5 SEPTEMBER 2013

Application for approval of the Pacific National Intermodal Train Crew Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Pacific National Intermodal Train Crew Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Asciano Services Pty Ltd. 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, 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 12 September 2013. The nominal expiry date is 31 March 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Asciano Services Pty Ltd, the Fair Work Commission was asked to approve the Pacific National Intermodal Train Crew Enterprise Agreement 2013. This application came about as a result of negotiations between Pacific National and the Rail, Tram and Bus Industry Union. The agreement sought to regulate various terms and conditions of employment for Pacific National's intermodal train crew employees, including wages, working hours, leave entitlements, and other employment-related matters. The legal issues before the Commission involved whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, including whether it provided for a fair and reasonable way to determine wages and other conditions of employment, and whether it had been made in good faith and without coercion.

The Commission found that the agreement was made in good faith and without coercion, as required by the Fair Work Act. It noted that the agreement was the result of extensive negotiations between the parties and that there was no evidence of any improper conduct. The Commission also determined that the agreement provided for a fair and reasonable way to determine wages and other conditions of employment, as it included provisions for minimum wage rates, overtime, penalty rates, and leave entitlements. The Commission considered that the agreement provided for a fair and reasonable way to determine wages and other conditions of employment, and that it met the criteria for approval under the Fair Work Act. The Commission approved the Pacific National Intermodal Train Crew Enterprise Agreement 2013, subject to certain modifications to ensure compliance with the Act. The modifications related to the calculation of penalty rates and the provision of notice of termination of employment. Overall, the Commission found that the agreement was a genuine attempt by the parties to regulate their workplace relations and that it provided for a fair and reasonable way to determine wages and other conditions of employment.

Asciano Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established