Pacific National Services Pty Ltd T/A Pacific National

[2021] FWCA 1631

[2021] FWCA 1631

FAIR WORK COMMISSION

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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