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

[2014] FWCA 3204

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Pacific National (Queensland Coal) Pty Ltd T/A Pacific National Queensland Coal
(AG2014/6022)

PACIFIC NATIONAL QUEENSLAND COAL ENTERPRISE AGREEMENT 2014

Rail industry
COMMISSIONER SPENCER	BRISBANE, 15 MAY 2014

Application for approval of the Pacific National Queensland Coal Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Pacific National Queensland Coal Enterprise Agreement 2014 (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 following Unions, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them:

● Australian Rail, Tram and Bus Industry Union; and
● Australian Federated Union of Locomotive Employees.

[3] In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate in accordance with clause 3 of the Agreement. The nominal expiry date of the Agreement is in accordance with clause 3 of the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, the matter of Pacific National (Queensland Coal) Pty Ltd, trading as Pacific National Queensland Coal, was heard regarding the application for approval of the Pacific National Queensland Coal Enterprise Agreement 2014. The dispute centred on the terms and conditions of employment outlined in the proposed enterprise agreement, with particular attention to issues of employee classification and the fairness of certain provisions.

The legal issues that the court needed to address included whether the agreement was genuinely an enterprise agreement as defined by the Fair Work Act 2009, whether the agreement had been made in good faith, and whether it provided for a fair and reasonable balance of entitlements for the employees. The court also examined whether the agreement was procedurally valid, considering the process through which it was negotiated and the extent of employee participation.

The court found that the enterprise agreement was procedurally valid and had been negotiated in good faith. It was determined that the agreement covered the necessary matters and provided for fair and reasonable terms and conditions. The court was satisfied that the agreement was genuinely an enterprise agreement and did not contravene any provisions of the Fair Work Act. The court approved the agreement, noting the balance of entitlements and the process of employee consultation.

As a result of the court's findings, the application for approval of the Pacific National Queensland Coal Enterprise Agreement 2014 was successful. The agreement was approved and registered under the Fair Work Act 2009, effective from the date of the court's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established