Pacific National Executive Services Pty Ltd T/A Pacific National

[2024] FWCA 1412

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pacific National Executive Services Pty Ltd T/A Pacific National

(AG2024/1197)

PACIFIC NATIONAL SERVICE DELIVERY AND PLANNING ENTERPRISE AGREEMENT, NEW SOUTH WALES 2024

Rail industry
COMMISSIONER MCKINNON	SYDNEY, 18 APRIL 2024

Application for approval of the Pacific National Service Delivery and Planning Enterprise Agreement, New South Wales 2024

Pacific National Executive Services Pty Ltd T/A Pacific National has applied for approval of a single enterprise agreement known as the Pacific National Service Delivery and Planning Enterprise Agreement, New South Wales 2024 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 2 May 2024. The nominal expiry date of the Agreement is 30 June 2026.

The Agreement covers the Australian Rail, Tram and Bus Industry Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The case involved Pacific National Executive Services Pty Ltd, trading as Pacific National, which sought approval for the Pacific National Service Delivery and Planning Enterprise Agreement, New South Wales 2024. The application was made to the Fair Work Commission under the Fair Work Act 2009. The legal issues before the court centred around whether the agreement met the necessary standards for approval, including whether it complied with the requirements for employee representation and the process for resolution of disputes. The court had to consider the fairness and appropriateness of the agreement's provisions and whether it adequately protected the interests of the employees.

The Fair Work Commission examined the application and considered the submissions from both Pacific National and the relevant employee representatives. The court evaluated the content of the agreement against statutory criteria, including the requirement for the agreement to provide for a fair and efficient system for resolving disputes between employees and the employer. The Commission also assessed whether the agreement ensured that employees had a genuine opportunity to participate in the agreement's development and that it did not unfairly disadvantage any party. The Commission determined that the agreement complied with the necessary legislative requirements and was appropriate for approval.

The Fair Work Commission approved the Pacific National Service Delivery and Planning Enterprise Agreement, New South Wales 2024, finding it met all the statutory requirements for approval. The agreement was deemed to provide fair and effective mechanisms for dispute resolution and ensured that employees had an opportunity to participate in its development. The court held that the agreement was not disadvantageous to any party and provided a fair and efficient system for resolving disputes between the employees and the employer. The Commission concluded that the agreement was appropriate for registration and approved it accordingly.

The final orders of the Fair Work Commission included the approval of the Pacific National Service Delivery and Planning Enterprise Agreement, New South Wales 2024, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were required to comply with its terms. The Commission also noted that the agreement would remain in force until it was terminated or replaced by a new agreement. The decision provided clarity for both Pacific National and the employees regarding the terms of the approved agreement and its implications for their working relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established