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

[2013] FWCA 4937

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
(AG2013/7601)

PACIFIC NATIONAL BULK RAIL ENTERPRISE AGREEMENT 2013

Rail industry
COMMISSIONER CARGILL	SYDNEY, 25 JULY 2013

Application for approval of the Pacific National Bulk Rail Enterprise Agreement 2013.

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

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Rail, Tram and Bus Industry Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 1 August 2013. The nominal expiry date is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pacific National (NSW) Pty Ltd and Asciano Services Pty Ltd brought an application before the Fair Work Commission seeking approval of the Pacific National Bulk Rail Enterprise Agreement 2013. The agreement aimed to establish terms and conditions of employment for certain employees of the companies. The application was contested by the Rail, Tram and Bus Union (RTBU) who argued that the agreement failed to meet the requirements of the Fair Work Act 2009. The court was tasked with determining whether the agreement met the necessary criteria for approval.

The central legal issue was whether the agreement contained all the necessary terms as stipulated by the Fair Work Act 2009 and if it had been genuinely negotiated between the parties. The RTBU contested the application on several grounds, including that the agreement did not provide for a proper dispute resolution process and that it failed to meet the requirements for a good faith negotiation. The court needed to assess the validity of these claims and decide if the agreement was fit for approval.

In its decision, the Fair Work Commission found that the agreement substantially complied with the requirements of the Fair Work Act 2009. The court determined that the agreement contained all the necessary terms and that the process of negotiation was conducted in good faith. The commission noted that while there were some minor deficiencies, these did not undermine the overall validity of the agreement. Consequently, the application for approval was successful. The Fair Work Commission approved the Pacific National Bulk Rail Enterprise Agreement 2013, subject to certain conditions that addressed the minor issues identified.

The final orders included the approval of the agreement with conditions that required the parties to address specific concerns raised by the RTBU within a specified timeframe. The commission also mandated ongoing communication between the parties to ensure compliance with the agreement and the Fair Work Act 2009.

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