PN Bulk Rail NSW EA- Labour hire orders

Update on Fair Work Commission proceedings

After several months of waiting, we are pleased to inform members that there has finally been progress in our application before the Fair Work Commission. The matter has now been reallocated to Deputy President Slevin, who has moved to determine the matter quickly. The Deputy President has given the parties two weeks to determine if any further steps are required before he determines both the RTBU application for SJSP Orders and the PN application for a limited reoccurring seasonal exemption. It appears both applications will be determined without a further hearing, meaning the matter will be resolved relatively quickly. 

We understand and share members’ frustration with the delays in this process. However, the timing is outside our control. With the above direction now in place, we are confident the matter will move forward within a reasonable timeframe, allowing us to secure fair pay outcomes under the principle of Same Job, Same Pay. However, backpay is not available under the scheme of the Act with any SJSP Orders applying moving forward only. 

It’s important to note that Pacific National, along with Trojan, Railtrain, and others, could choose to pay employees in line with the Enterprise Agreement at any time, but have chosen not to. Despite their stated values of care and kindness, their actions continue to reflect a different priority when it comes to costs. 

The most effective way to hold large companies accountable is through collective action. If you’re not yet a union member, or know someone who isn’t, we strongly encourage joining today. 

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