DECISION

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

Pacific National Services Pty Ltd T/A Pacific National
(AG2021/5593)

PACIFIC NATIONAL QUEENSLAND MOUNT ISA RAIL LINE ENTERPRISE AGREEMENT 2021

Rail industry
COMMISSIONER HUNT	BRISBANE, 1 JULY 2021

Application for approval of the Pacific National Queensland Mount Isa Rail Line Enterprise Agreement 2021.

[1] Pacific National Services Pty Ltd T/A Pacific National (the Employer) has applied for approval of an enterprise agreement known as the Pacific National Queensland Mount Isa Rail Line Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australian Rail, Tram and Bus Industry Union (RTBU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The RTBU being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the RTBU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2021. The nominal expiry date of the Agreement is 1 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pacific National Services Pty Ltd, trading as Pacific National, applied to the Fair Work Commission for the approval of the Pacific National Queensland Mount Isa Rail Line Enterprise Agreement 2021. The dispute centred on whether the proposed enterprise agreement, which would apply to employees involved in the Mount Isa rail line operations, met the requirements under the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement contained the necessary provisions to be considered a "simplified procedure agreement" and if it adhered to the criteria for fair and reasonable terms.

The primary legal issues the Commission had to resolve were whether the agreement was appropriately structured as a simplified procedure agreement, and if it contained all the mandated terms and conditions. Furthermore, the Commission needed to ensure that the agreement provided for fair and reasonable terms and conditions for employees and did not unfairly disadvantage any party. The Commission also needed to consider if the agreement was the product of genuine bargaining between the employer and the employees' representatives.

The Fair Work Commission found that the proposed agreement was properly structured as a simplified procedure agreement and contained all the necessary mandated terms and conditions. The Commission concluded that the agreement was fair and reasonable, and that it had been genuinely bargained between the employer and the employees' representatives. The Commission approved the agreement under section 234 of the Fair Work Act 2009, subject to the specified commencement date. The Commission took into account the need for the agreement to provide appropriate protections for employees while also ensuring that the employer could effectively manage its operations.

Pacific National Services Pty Ltd T/A Pacific National

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established