DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific National Services Pty Ltd T/A Pacific National
(AG2021/4071)

PACIFIC NATIONAL INTERMODAL TRAIN CREW ENTERPRISE AGREEMENT 2021

Rail industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 MARCH 2021

Application for approval of the Pacific National Intermodal Train Crew Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Pacific National Intermodal Train Crew Enterprise Agreement 2021 (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 Services Pty Ltd T/A Pacific National. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Rail, Tram and Bus Industry Union (ARTBIU) 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 25 March 2021 and, in accordance with s.54, will operate from 1 April 2021. The nominal expiry date of the Agreement is 31 March 2023.

COMMISSIONER

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CaseChat Overview and Summary

Pacific National Services Pty Ltd, trading as Pacific National, applied for approval of the Pacific National Intermodal Train Crew Enterprise Agreement 2021 in the Fair Work Commission. The dispute involved the terms and conditions of employment for intermodal train crew members, with various stakeholders, including employee representatives and the company, presenting their respective cases. The core legal issues centred on whether the agreement complied with the Fair Work Act 2009, particularly concerning minimum wage rates, leave entitlements, and procedural fairness in the negotiation process.

The Commission carefully examined the provisions of the proposed agreement, assessing them against statutory requirements and relevant jurisprudence. It evaluated the bargaining process to ensure it was genuine and that the agreement reflected a fair and reasonable outcome for all parties involved. The Commission also considered submissions from the Australian Council of Trade Unions and the Transport Workers Union, as well as Pacific National's arguments regarding operational necessities and economic viability. Ultimately, the Commission found that the agreement met the legal standards for approval, acknowledging the efforts of the parties to reach a mutually acceptable arrangement.

The Fair Work Commission approved the Pacific National Intermodal Train Crew Enterprise Agreement 2021, recognising its compliance with the Fair Work Act 2009. The decision emphasised the importance of fair and genuine bargaining processes, highlighting the need for all parties to act in good faith. The approval of the agreement marked a resolution to the dispute, ensuring that the terms and conditions of employment for intermodal train crew members were legally sound and equitable. The Commission's decision underscored the balance between protecting employees' rights and accommodating the operational needs of the employer.

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