Pacific National Services Pty Ltd T/A Pacific National

[2019] FWCA 3972

[2019] FWCA 3972

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pacific National Services Pty Ltd T/A Pacific National
(AG2019/745)

PACIFIC NATIONAL ASSET AND INFRASTRUCTURE SERVICES ENTERPRISE AGREEMENT 2019

Rail industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 7 JUNE 2019

Application for approval of the Pacific National Asset and Infrastructure Services Enterprise Agreement 2019.

[1] Pacific National Services Pty Ltd T/A Pacific National has applied for approval of an enterprise agreement known as the Pacific National Asset and Infrastructure Services Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] The Agreement is a single enterprise agreement, made by three single interest employers and the relevant employees within the meaning of s.172(2) of the Act.

[3] The Notice of Employee Representational Rights given by the entity trading as “Pacific National” was affected by a registered name change that occurred during bargaining. The legal employing entity and employer remained the same at all relevant times. In the circumstances and having regard to the decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others 1, I am satisfied that:

a) this constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and
b) the employees to be covered by the Agreement were not likely to have been disadvantaged by the error.

[4] Accordingly, I am satisfied that the Agreement was genuinely agreed within the meaning of s.188(2) of the Act.

[5] Noting clauses 5.3 and 5.4 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[6] On the basis of the material contained in the application, accompanying statutory declaration and further information provided on request of the Commission, 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.

[7] Each of the Australian Rail, Tram and Bus Industry Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union support the approval of the Agreement and have given notice under s.183 of the Act that they respectively want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers those organisations.

[8] The Agreement was approved on 7 June 2019 and, in accordance with s.54, will operate from 14 June 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

 1   [2019] FWCFB 318.

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