Pacific National (QLD) Pty Ltd

[2015] FWCA 8937

[2015] FWCA 8937

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific National (QLD) Pty Ltd
(AG2015/6298)

PACIFIC NATIONAL (QLD) INTERMODAL TRAIN CREW ENTERPRISE AGREEMENT 2015

Rail industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 24 DECEMBER 2015

Application for approval of the Pacific National (QLD) Intermodal Train Crew Enterprise Agreement 2015.

[1] Pacific National (QLD) Pty Ltd applies for approval of an enterprise agreement known as the Pacific National (QLD) Intermodal Train Crew 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 Australian Rail, Tram and Bus Industry Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisations wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[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] As the consultation term does not meet the requirements of s.205 of the Act, pursuant to s.205(2) of the Act the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement and operates in conjunction with the consultation term agreed by the parties (clause 43 and schedule 2 of the Agreement).

[5] 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 2018.

DEPUTY PRESIDENT

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