Pacific National (NSW) Pty Ltd and Asciano Services Pty Ltd Summary

[2013] FWCA 3966

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Pacific National (NSW) Pty Ltd and Asciano Services Pty Ltd
(AG2013/6967)

PACIFIC NATIONAL COAL, NSW ENTERPRISE AGREEMENT, 2013

Rail industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 20 JUNE 2013

Application for approval of the Pacific National Coal, NSW Enterprise Agreement, 2013.

[1] An application has been made for approval of an enterprise agreement known as the Pacific National Coal, NSW Enterprise Agreement, 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] The Australian Rail, Tram and Bus Industry Union and the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 27 June 2013. The nominal expiry date of the Agreement is 31 March 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pacific National (NSW) Pty Ltd and Asciano Services Pty Ltd applied to the Fair Work Commission for approval of the Pacific National Coal, NSW Enterprise Agreement, 2013. The application arose as a result of the parties' dispute over the terms and conditions of employment for certain workers. The Fair Work Commission was required to decide whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Fair Work Commission was whether the agreement satisfied the requirements for approval under section 234 of the Fair Work Act 2009. This involved assessing whether the agreement contained the necessary good faith provisions, and whether the agreement had been made in accordance with the procedural requirements of the Act. Additionally, the Commission needed to determine whether the agreement provided for the appropriate minimum entitlements for the workers covered by it.

The Fair Work Commission found that the agreement met the legal criteria for approval. The agreement contained the necessary good faith provisions, and had been made in accordance with the procedural requirements of the Act. The Commission was satisfied that the agreement provided for appropriate minimum entitlements for the workers covered by it, and that the parties had genuinely attempted to reach an agreement. As such, the Commission approved the agreement, finding that it was in the best interests of the workers covered by it.

The Fair Work Commission approved the Pacific National Coal, NSW Enterprise Agreement, 2013, and made the necessary orders to give effect to its decision. The agreement was approved in accordance with section 234 of the Fair Work Act 2009, and will now govern the terms and conditions of employment for the workers covered by it.

Pacific National (NSW) Pty Ltd and Asciano Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established