PACIFIC NATIONAL VICTORIAN BULK RAIL ENTERPRISE AGREEMENT 2024

Application for approval of the Pacific National Victorian Bulk Rail Enterprise Agreement 2024.

[1] An application has been made for approval of an enterprise agreement known as the Pacific National Victorian Bulk Rail Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Pacific National Bulk Rail Pty Ltd Trading AS Pacific National (the Applicant). The Agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 31 October 2025.

[3] On 14 November 2025, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.

[4] I note that multiple clauses are inconsistent with the National Employment Standards (NES). Given the NES precedence clause at clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Applicant has provided written undertakings, dated 19 November 2025, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative(s) and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative(s) did not express any view on the undertaking.

[6] I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

[7] The "Australian Rail, Tram and Bus Industry Union", 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 this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 18 July 2027.

[10] An additional application has also been made under s.218A of the Act to vary the Agreement in order to correct a number of obvious errors.

[11] The s.185 application was accompanied by a Form F1 application. The Applicant identified that the Agreement contains a number of pages which are marked with a watermark as 'without prejudice' due to a formatting error. The Applicant seeks the correction of the obvious error of pages 59 - 67 being marked as without prejudice; and an order, pursuant to s.218A of the Act that the Proposed Agreement stating that pages 59 - 67 are not without prejudice. The Applicant has discussed this with the RTBU.

[12] The Applicant has provided a revised Agreement which consolidates the variations. A copy of these changes has been provided to the bargaining representatives and there have been no objections received.

[13] Having reviewed the list of errors, it is apparent in my view that such errors would fall within the scope of s. 218A(1). Accordingly, the Agreement is varied as such. The revised Agreement is attached to this decision.

[14] The variations will operate from the date on which the Agreement commences operation.

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