Pacific National (QLD) Pty Ltd T/A Pacific National

[2017] FWCA 6951

[2017] FWCA 6951

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific National (QLD) Pty Ltd T/A Pacific National
(AG2017/4369)

PACIFIC NATIONAL INTERMODAL TERMINALS (QLD)/TWU/RTBU ENTERPRISE AGREEMENT 2017

Rail industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 DECEMBER 2017

Application for approval of the Pacific National Intermodal Terminals (QLD)/TWU/RTBU Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Pacific National Intermodal Terminals (QLD)/TWU/RTBU Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pacific National (QLD) Pty Ltd T/A Pacific National. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Rail, Tram and Bus Industry Union and the Transport Workers’ Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 21 December 2017 and, in accordance with s.54, will operate from 28 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE426690  PR599011>

ANNEXURE A