DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific National Bulk Rail Pty Ltd
(AG2017/5441)

PACIFIC NATIONAL VICTORIAN BULK RAIL ENTERPRISE AGREEMENT 2017

Rail industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 JANUARY 2018

Application for approval of the Pacific National Victorian Bulk Rail Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Pacific National Victorian Bulk Rail Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pacific National Bulk Rail Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 11 January 2018 and, in accordance with s.54, will operate from 18 January 2018. The nominal expiry date of the Agreement is 18 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pacific National Bulk Rail Pty Ltd applied for approval of the Pacific National Victorian Bulk Rail Enterprise Agreement 2017. The application was made under section 192 of the Fair Work Act 2009, which allows for the approval of an enterprise agreement that has been registered with the Fair Work Commission. The applicant argued that the agreement had been fairly and properly negotiated and met the legal requirements for approval.

The legal issues before the court involved the proper negotiation of the agreement and whether the agreement met the criteria for approval under the Act. The applicant needed to demonstrate that the agreement was made in good faith, and that it contained the essential elements required by the Act, including the minimum terms and conditions of employment. The court also needed to consider whether the agreement was in the best interests of the employees and whether it complied with any relevant laws.

The court found that the agreement had been fairly and properly negotiated and contained all the essential elements required by the Act. The court also found that the agreement was in the best interests of the employees and complied with all relevant laws. The court was satisfied that the applicant had met its burden of proof and that the agreement met the criteria for approval under the Act. The court approved the agreement and registered it under section 193 of the Act.

The court made an order approving the Pacific National Victorian Bulk Rail Enterprise Agreement 2017 and registering it under section 193 of the Fair Work Act 2009. The agreement is now a legally binding contract between the employer and the employees covered by the agreement. The applicant was also ordered to pay the costs of the application.

Pacific National Bulk Rail Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established