Pacific National Bulk Rail Pty Ltd Summary

[2022] FWCA 1950

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pacific National Bulk Rail Pty Ltd

(AG2022/1749)

Application for approval of the Pacific National Wilmar Enterprise Agreement 2022

Rail industry
COMMISSIONER SPENCER	BRISBANE, 15 JUNE 2022

Application for approval of the Pacific National Wilmar Enterprise Agreement 2022

An application has been made for approval of the Pacific National Wilmar Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Pacific National Bulk Rail Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Australian Rail, Tram and Bus Industry Union, Queensland Branch, and Australian Federated Union of Locomotive Employees, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers both organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2022. The nominal expiry date of the Agreement is 15 June 2026.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pacific National Bulk Rail Pty Ltd sought approval of the Pacific National Wilmar Enterprise Agreement 2022 from the Fair Work Commission. The dispute involved the terms of the proposed agreement, which was intended to govern the employment conditions of workers employed by Pacific National in the bulk rail industry. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions.

The key legal issues before the Commission were whether the agreement provided for the fair and reasonable terms and conditions of employment, whether it met the statutory requirements for approval, and whether it contained any provisions that were contrary to public policy. Additionally, the Commission needed to assess whether any of the provisions in the agreement were unfair or discriminatory.

The Fair Work Commission found that the agreement was generally fair and reasonable, providing for appropriate terms and conditions of employment. It considered that the agreement met the statutory requirements for approval and did not contain any provisions that were contrary to public policy. The Commission was satisfied that the agreement provided for fair remuneration and reasonable working conditions, and that it did not include any discriminatory or unfair provisions. As a result, the Commission approved the agreement, subject to certain modifications to address minor technical issues.

The Fair Work Commission approved the Pacific National Wilmar Enterprise Agreement 2022, subject to the modifications. The modifications related to minor technical issues in the agreement, such as the formatting and wording of certain provisions. The Commission considered that these modifications were necessary to ensure that the agreement complied with the statutory requirements for approval. Overall, the Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it met the statutory requirements for approval.

Pacific National Bulk Rail Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established