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

ANNEXURE A

CaseChat Overview and Summary

The application before the Fair Work Commission was made by Pacific National (QLD) Pty Ltd, trading as Pacific National, for the approval of the Pacific National Intermodal Terminals (QLD)/TWU/RTBU Enterprise Agreement 2017. The dispute centred around the terms and conditions of employment for workers represented by the Transport Workers Union (TWU) and the Rail, Tram and Bus Union (RTBU) within the intermodal terminals of Pacific National in Queensland. The applicants sought the Fair Work Commission's endorsement of the enterprise agreement as a registered instrument under the Fair Work Act 2009. The legal issues that the Commission was required to determine included whether the agreement was genuinely negotiated and whether it met the "better off overall test" (BOOT) and other legislative requirements.

The Commission assessed the evidence provided by the parties and found that the agreement had been genuinely negotiated. The Commission noted that the agreement contained provisions that were beneficial to both the employer and the employees, and that the employees were better off overall with the agreement than without it. The Commission also found that the agreement met all other relevant legislative requirements. The Commission was satisfied that the parties had genuinely negotiated the agreement, and that the agreement was in the best interests of the employees. The Commission approved the agreement and registered it as a registered instrument.

In light of the findings, the Commission approved the application for the registration of the enterprise agreement. The Fair Work Commission's decision confirmed the validity and enforceability of the agreement, which will now govern the employment conditions of the workers represented by the TWU and RTBU in the intermodal terminals of Pacific National in Queensland. The approval of the agreement ensures that the parties will be bound by the terms and conditions outlined in the agreement, providing a framework for the resolution of any future disputes that may arise.

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