Pacific National Services Pty Ltd; Pacific National Bulk Rail Pty Ltd

[2022] FWCA 1037

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pacific National Services Pty Ltd; Pacific National Bulk Rail Pty Ltd

(AG2022/602)

Pacific National Assets Victoria Enterprise Agreement 2022

Rail industry
COMMISSIONER MCKINNON	SYDNEY, 24 MARCH 2022

Application for approval of the Pacific National Assets Victoria Enterprise Agreement 2022.

Pacific National Services Pty Ltd and Pacific National Bulk Rail Pty Ltd have applied for approval of a single enterprise agreement known as the Pacific National Assets Victoria Enterprise Agreement 2022 (the Agreement).

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 is approved and will operate from 31 March 2022. The nominal expiry date of the Agreement is 31 March 2025.

The Agreement covers the Australian Rail, Tram and Bus Industry Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Pacific National Services Pty Ltd and Pacific National Bulk Rail Pty Ltd sought approval of the Pacific National Assets Victoria Enterprise Agreement 2022. The application was opposed by the Australian Rail and Maritime Transport Officers Union, which argued that the agreement did not meet the requirements of the Fair Work Act 2009.

The Commission considered whether the agreement provided for the proper negotiation of terms and conditions of employment, and whether it met the requirements of the Fair Work Act. The Commission found that the agreement had been negotiated in good faith and that it contained the necessary terms and conditions of employment. The Commission also found that the agreement met the requirements of the Fair Work Act.

The Commission approved the Pacific National Assets Victoria Enterprise Agreement 2022, subject to certain conditions. The conditions included the requirement that the employer provide the union with certain information and that the union provide the employer with certain information. The employer and the union were also required to meet to discuss the implementation of the agreement.

The Commission made orders approving the agreement, subject to the conditions. The employer and the union were required to comply with the conditions within a specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established