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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Pacific National (Queensland Coal) Pty Ltd trading as Pacific National Queensland Coal and various unions representing employees within the organisation. The dispute was regarding the application for the approval of the Pacific National Queensland Coal Enterprise Agreement 2018. The Fair Work Commission was the court that heard this case.

The legal issues that the Commission had to determine were whether the application complied with the procedural and substantive requirements of the Fair Work Act 2009 and if the agreement itself met the necessary standards for enterprise agreements under the Act. Specifically, the Commission needed to ensure the agreement did not have an adverse effect on the employees' safety, health, or welfare, and that it was fairly negotiated and in the best interests of the employees.

The Commission found that the application met the procedural requirements, and the agreement was fairly negotiated. The agreement was also deemed to be in the best interests of the employees as it included provisions that protected their safety, health, and welfare. The Commission also found that the agreement did not have any adverse effects on the employees. Therefore, the Commission approved the application for the Pacific National Queensland Coal Enterprise Agreement 2018.

The final order was the approval of the Enterprise Agreement, subject to the terms and conditions outlined in the agreement itself.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established