DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific National Bulk Rail Pty Ltd T/A Pacific National
(AG2021/5834)

PACIFIC NATIONAL VICTORIAN BULK RAIL ENTERPRISE AGREEMENT 2021

Rail industry
COMMISSIONER MCKINNON	MELBOURNE, 20 JULY 2021

Application for approval of the Pacific National Victorian Bulk Rail Enterprise Agreement 2021.

[1] Pacific National Bulk Rail Pty Ltd t/a Pacific National has applied for approval of a single enterprise agreement known as the Pacific National Victorian Bulk Rail Enterprise Agreement 2021 (the Agreement).

[2] Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

[3] With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 27 July 2021. The nominal expiry date of the Agreement is 18 July 2024.

[5] The Agreement covers the Australian Rail Tram and Bus Industry Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Pacific National Bulk Rail Pty Ltd trading as Pacific National, sought approval of the Pacific National Victorian Bulk Rail Enterprise Agreement 2021 from the Fair Work Commission. The dispute centred on the terms of the proposed agreement, which was intended to regulate the employment conditions of certain employees within the company's bulk rail operations in Victoria. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement complied with the procedural and substantive requirements set out in the legislation. Procedurally, the Commission had to ensure that the agreement was made in good faith, and that there was genuine bargaining between the parties. Substantively, the agreement needed to provide for fair and reasonable terms and conditions of employment. This included examining whether the agreement provided for minimum rates of pay and conditions, and whether it covered the appropriate scope of employees.

The Commission found that the agreement had been made in good faith and that there was genuine bargaining between the parties. The agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay and conditions for the employees covered by the agreement. The Commission also considered the scope of the agreement and determined that it appropriately covered the intended employees within the company's bulk rail operations in Victoria. Consequently, the Commission approved the agreement, finding that it met all the necessary criteria for approval under the Fair Work Act 2009.

The Fair Work Commission approved the Pacific National Victorian Bulk Rail Enterprise Agreement 2021, confirming its compliance with the relevant legal requirements. This decision ensures that the agreement will regulate the employment conditions of the relevant employees in a fair and reasonable manner, as mandated by the Fair Work Act 2009.

Pacific National Bulk Rail 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