DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific National (QLD) Pty Ltd
(AG2015/6297)

PACIFIC NATIONAL INTERMODAL TERMINALS (QLD)/TWU/RTBU ENTERPRISE AGREEMENT 2015

Rail industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 24 DECEMBER 2015

Application for approval of the Pacific National Intermodal Terminals (QLD)/TWU/RTBU Enterprise Agreement 2015

[1] Pacific National (QLD) Pty Ltd applies for approval of an enterprise agreement known as the Pacific National Intermodal Terminals (QLD)/TWU/RTBU Enterprise Agreement 2015 (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] The Transport Workers’ Union of Australia and Australian Rail, Tram and Bus Industry Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that these organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 31 December 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Pacific National (QLD) Pty Ltd, the Transport Workers Union (TWU), and the Rail, Tram and Bus Union (RTBU). The dispute centred around the approval of the Pacific National Intermodal Terminals (QLD)/TWU/RTBU Enterprise Agreement 2015. The matter was heard in the Fair Work Commission. The legal issues that the court needed to address included whether the enterprise agreement complied with the relevant legislation and whether it met the necessary standards for approval.

The Fair Work Commission carefully examined the terms and conditions outlined in the enterprise agreement. The court considered various aspects such as the agreement's compliance with the Fair Work Act 2009, the fairness test, and whether it adequately addressed the needs of the employees and the employer. The commission also evaluated whether the agreement provided a safety net for employees and if it contained provisions for the resolution of disputes. After a thorough review, the Fair Work Commission found that the enterprise agreement met all the necessary legal requirements and standards for approval.

As a result, the Fair Work Commission approved the Pacific National Intermodal Terminals (QLD)/TWU/RTBU Enterprise Agreement 2015, allowing it to come into effect. The decision was based on the comprehensive analysis of the agreement's provisions and the conclusion that it was fair and reasonable for both the employees and the employer. The approval signified that the enterprise agreement was in compliance with the relevant legislation and met the necessary standards for implementation.

Pacific National (QLD) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established