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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Pacific National (QLD) Pty Ltd recently appeared before the Fair Work Commission to seek approval for the Pacific National (QLD) Intermodal Train Crew Enterprise Agreement 2015. The applicant sought to have the agreement registered and made applicable to its employees who are part of the intermodal train crew. The application was made under the Fair Work Act 2009, which governs the regulation of workplace relations in Australia. The legal issues that the Commission needed to address included whether the agreement met the statutory criteria for approval, such as being a "better off overall test" for employees and being free from any provisions that would undermine the public interest.

The Commission first considered whether the agreement satisfied the "better off overall test," which requires that employees under the agreement be no worse off financially than they would be under the applicable award. The applicant presented evidence that the agreement provided for improved terms and conditions for the employees, including enhanced pay and conditions, which were better than those provided for in the applicable award. The Commission also examined whether the agreement contained any provisions that could potentially undermine the public interest, such as provisions that would permit activities that are illegal or that would otherwise be considered unethical. The Commission found that the agreement did not contain any such provisions and was in compliance with all relevant legislation.

In reaching its decision, the Commission was satisfied that the agreement met all the statutory criteria for approval. The Commission noted that the agreement provided for improved terms and conditions for employees and was no worse off financially than they would be under the applicable award. The Commission also found that the agreement did not contain any provisions that could potentially undermine the public interest. The Commission therefore approved the agreement and made it applicable to the employees of the applicant. This decision provides clarity for employers and employees alike, ensuring that any enterprise agreements entered into are in compliance with the relevant legislation and provide for fair and reasonable terms and conditions of employment.

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