Pacific National (Queensland Coal) Pty Ltd
[2022] FWCA 3794
•28 OCTOBER 2022
| [2022] FWCA 3794 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Pacific National (Queensland Coal) Pty Ltd
(AG2022/4327)
Pacific National Queensland Coal Enterprise Agreement 2022
| Rail industry | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 28 OCTOBER 2022 |
Application for approval of the Pacific National Queensland Coal Enterprise Agreement 2022.
An application has been made for approval of an enterprise agreement known as the Pacific National Queensland Coal Enterprise Agreement 2022 (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 (Queensland Coal) Pty Ltd. The Agreement is a single enterprise agreement.
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. The undertakings are taken to be a term of the Agreement.
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.
I note that clause 24.1(b) may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
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 want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2022. The nominal expiry date of the Agreement is 27 October 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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