Pacific National (Queensland Coal) Pty Ltd T/A Pacific National Queensland Coal

[2018] FWCA 7173

[2018] FWCA 7173

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific National (Queensland Coal) Pty Ltd T/A Pacific National Queensland Coal
(AG2018/3575)

PACIFIC NATIONAL QUEENSLAND COAL ENTERPRISE AGREEMENT 2018

Rail industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 23 NOVEMBER 2018

Application for approval of the Pacific National Queensland Coal Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Pacific National Queensland Coal Enterprise Agreement 2018 (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 T/A Pacific National Queensland Coal. 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, 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] I observe that clause 24.1 (b) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5 (b) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Rail Tram and Bus Industry Union, and 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.

[6] The Agreement was approved on 23 November 2018 and, in accordance with s.54, will operate from 30 November 2018. The nominal expiry date of the Agreement is 30 November 2021.

COMMISSIONER

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Annexure A