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

Annexure A

CaseChat Overview and Summary

The applicant, Pacific National (QLD) Pty Ltd, trading as Pacific National, applied for approval of the Pacific National (QLD) Intermodal Train Crew Enterprise Agreement 2018. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The dispute arose from the need to ensure that the terms and conditions outlined in the agreement were fair and reasonable for both the employees and the employer.

The central legal issue before the Commission was whether the agreement complied with the statutory criteria for approval under the Fair Work Act. This included assessing whether the agreement provided for a fair and efficient workplace, whether it allowed for genuine bargaining, and whether it included minimum terms and conditions that were no less favourable than the applicable national system award. Additionally, the Commission had to consider whether the agreement met the requirement for genuine consultation between the parties.

In determining the application, the Commission evaluated the evidence presented by both Pacific National and the union representatives. The Commission concluded that the agreement did indeed meet the statutory criteria for approval. It found that the agreement provided for a fair and efficient workplace, ensured genuine bargaining, and included minimum terms and conditions that were not less favourable than the applicable award. The Commission also found that there had been genuine consultation between the parties, thereby satisfying the requirements of the Act.

As a result of this determination, the Commission approved the Pacific National (QLD) Intermodal Train Crew Enterprise Agreement 2018. The agreement was thus allowed to come into effect, providing a new set of terms and conditions for the employees covered by the agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established