Pacific National (QLD) Pty Ltd t/a Pacific National

[2019] FWCA 2188

[2019] FWCA 2188

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific National (QLD) Pty Ltd t/a Pacific National
(AG2018/5776)

PACIFIC NATIONAL (QLD) INTERMODAL TRAIN CREW ENTERPRISE AGREEMENT 2018

Rail industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 APRIL 2019

Application for approval of the Pacific National (QLD) Intermodal Train Crew Enterprise Agreement 2018.

[1] Pacific National (QLD) Pty Ltd t/a Pacific National has made an application for approval of an enterprise agreement known as the Pacific National (QLD) Intermodal Train Crew Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Australian Rail, Tram and Bus Industry Union and the Australian Federated Union of Locomotive Employees, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

[6] The Agreement was approved on 2 April 2019 and, in accordance with s 54, will operate from 9 April 2019. The nominal expiry date of the Agreement is 9 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE502665 PR706477>

Annexure A