DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific National Bulk Rail Pty Ltd T/A Pacific National
(AG2018/348)

PACIFIC NATIONAL WILMAR ENTERPRISE AGREEMENT 2018

Rail industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 MARCH 2018

Application for approval of the Pacific National Wilmar Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Pacific National Wilmar Enterprise Agreement 2018 (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 T/A Pacific National. The agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] Based on statutory declaration provided by the organisation, I am satisfied that the Australian Rail, Tram and Bus Industry Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on 5 March 2018 and, in accordance with s.54, will operate from 12 March 2018. The nominal expiry date of the Agreement is 4 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by Pacific National Bulk Rail Pty Ltd, trading as Pacific National, for the approval of the Pacific National Wilmar Enterprise Agreement 2018. The application was before the Fair Work Commission, which has the jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the proposed enterprise agreement met the statutory requirements and whether it had been genuinely negotiated as mandated by the legislation.

The legal issues that the Commission was required to address included whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, whether it had been fairly and genuinely negotiated, and if it complied with the procedural requirements for the approval of enterprise agreements. The Commission also needed to consider submissions from various stakeholders, including the employees and the employer, as well as any relevant industry standards.

In its decision, the Commission examined the content of the agreement to ensure it included all the mandatory terms. The Commission considered the evidence provided regarding the negotiation process to determine if it was genuinely negotiated and in good faith. Additionally, the Commission reviewed procedural compliance to ensure that all necessary steps were followed. After considering all submissions and evidence, the Commission concluded that the agreement was in compliance with the statutory requirements and was genuinely negotiated. The Commission approved the Pacific National Wilmar Enterprise Agreement 2018, thereby resolving the application.

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