Pacific National (QLD) Pty Ltd

[2020] FWCA 5770

[2020] FWCA 5770

FAIR WORK COMMISSION

DECISION

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

Pacific National (QLD) Pty Ltd
(AG2020/3008)

PACIFIC NATIONAL INTERMODAL TERMINALS (QLD) AND RTBU ENTERPRISE AGREEMENT 2020

Rail industry
COMMISSIONER BOOTH	BRISBANE, 29 OCTOBER 2020

Application for approval of the Pacific National Intermodal Terminals (QLD) and RTBU Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Pacific National (QLD) Pty Ltd (the Applicant) for approval of the Pacific National Intermodal Terminals (QLD) and RTBU Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] Mr Owen Doogan, Secretary of the Australian Rail, Tram and Bus Industry Union, Queensland Branch (RTBU), filed a Form F18 in this matter, advising the Fair Work Commission that it supports approval of the Agreement and providing notice under s.183 of the Act that it wants the Agreement to cover it.

[3] Correspondence was sent to the Applicant on 20 October 2020, raising certain concerns in relation to the Agreement and seeking an undertaking from the Applicant. The Applicant filed undertakings addressing the concerns on 22 October 2020. The RTBU was provided with copies of the proposed undertakings.

[4] The matter was listed for eHearing on 28 October 2020. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. On 27 October 2020, the RTBU contacted my Chambers to advise that it did not wish to be heard and it was satisfied with the proposed undertakings. No other parties contacted my Chambers.

[5] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Annexure A.

[6] Subject to the matter raised at paragraph [5], 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 had been met.

[7] In accordance with s.201(2), I note that the Agreement covers the RTBU.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 November 2020. The nominal expiry date is 29 October 2023.

COMMISSIONER

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Annexure A.