Pacific National

[2014] FWCA 8027

FAIR WORK COMMISSION

DECISION

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

Pacific National
(AG2014/8065)

PACIFIC NATIONAL FLINDERS POWER ENTERPRISE AGREEMENT 2014

Rail industry
COMMISSIONER CARGILL	SYDNEY, 14 NOVEMBER 2014

Application for approval of the Pacific National Flinders Power Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Pacific National Flinders Power Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by 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 & Bus Industry Union (South Australian & Northern Territory Branch) 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 21 November 2014. The nominal expiry date is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Pacific National Pty Ltd, seeking approval for the Pacific National Flinders Power Enterprise Agreement 2014. The application was brought before the Fair Work Commission, which was required to determine whether the agreement was in the best interests of the employees. The dispute centred on various aspects of the proposed agreement, including the terms and conditions of employment, wages, and other benefits. The Commission needed to evaluate whether the agreement met the legal standards for fairness and whether it provided an adequate safety net for employees.

The Fair Work Commission examined the proposed agreement's provisions in detail, considering whether they complied with the Fair Work Act 2009. The key issues included whether the agreement provided for appropriate minimum wages and conditions, whether it ensured procedural fairness in the workplace, and whether it adequately covered the rights and obligations of both employers and employees. The Commission also considered submissions from various stakeholders, including the parties involved and any relevant employee representatives.

In reaching its decision, the Fair Work Commission assessed the fairness and appropriateness of the proposed agreement based on its compliance with the statutory requirements. The Commission found that the agreement met the necessary criteria and was in the best interests of the employees. The terms and conditions were deemed fair, and the agreement provided a suitable safety net. Consequently, the Commission approved the application for the agreement's registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established