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

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

Pacific National (QLD) Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Pacific National Intermodal Terminals (QLD) and RTBU Enterprise Agreement 2020. The dispute centred on the terms and conditions outlined in the enterprise agreement between Pacific National and the Rail, Tram and Bus Union (RTBU). The agreement sought to govern the employment conditions of Pacific National's employees in Queensland, and the RTBU sought to ensure that the agreement provided fair and equitable terms for its members.

The primary legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it provided for the fair and equitable resolution of any disputes between the parties. Specifically, the Commission needed to determine whether the agreement contained the necessary provisions to ensure the proper operation of the intermodal terminal, including the management of work arrangements and the resolution of any disputes that might arise. The RTBU argued that certain provisions in the agreement did not adequately protect its members' interests, while Pacific National contended that the agreement was comprehensive and fair.

The Commission, after considering the submissions from both parties, found that the agreement substantially complied with the requirements of the Fair Work Act. The Commission noted that the agreement included provisions for the proper operation of the intermodal terminal and addressed the management of work arrangements. While there were some concerns about the clarity of certain provisions, the Commission concluded that these issues could be resolved through the agreed dispute resolution processes. The Commission ultimately approved the enterprise agreement, finding that it provided for the fair and equitable resolution of any disputes that might arise and met the necessary statutory requirements.

The Fair Work Commission's decision to approve the enterprise agreement provides clarity for both Pacific National and the RTBU regarding the terms and conditions of employment for the employees covered by the agreement. The approval of the agreement ensures that the intermodal terminal can operate effectively while also providing fair and equitable terms for the employees represented by the RTBU.

Pacific National (QLD) Pty Ltd

DECISION

Annexure A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established